The decree-law of March 28, 2025, No. 36, containing urgent provisions on citizenship, has amended the requirements for the transmission of citizenship from Italian citizen parents to their children.
Given that the presentation of the birth certificate at the Consulate is, in all respects, an application for the recognition of Italian citizenship in favor of the minor, and in light of recent legislative provisions, from 28 March 2025 the following criteria will apply for the transcription of birth certificates:
2.1. If the minor is the child of an Italian citizen born in Italy, the request for transcription of the birth certificate may proceed directly.
2.2. If the minor is the child of an Italian citizen born abroad who has lived in Italy for at least two continuous years prior to the birth of the child, the request can proceed after presenting a historical residence certificate issued by the Municipality.
2.3. If the minor is the child of an Italian citizen born abroad who has not lived in Italy for at least two years but is the grandchild of an Italian citizen born in Italy, the transcription can proceed after verifying the documentation proving the birth in Italy of the second-degree ascendant and their non-naturalization (if not already in the records).
2.4. If the minor does not fall into the previous categories but does not hold another citizenship, the request can proceed after presenting documentation attesting the absence of another citizenship.
ATTENTION
An adult child (i.e., 18 years of age or older) born abroad to an Italian citizen, whose birth has never been registered in Italy, must submit a request for the recognition of citizenship by descent (iure sanguinis), after paying the related consular fee.
NOTE WELL: If the ancestor was naturalized before the birth or during the minor age of the descendant, the line of transmission of citizenship is interrupted. Therefore, there is no right to recognition of Italian citizenship by descent (see articles 7 and 12 of Law No. 555/1912).
WHAT TO PRESENT
In order to evaluate the request for transcription, the following must be presented:
- application form signed by one or both parents;
- for each parent, plain copy of passport (only pages with signature and photo) or equivalent photo ID, preferably Italian;
- original full birth certificate of the child, only issued by the WA Registry of Births, Deaths and Marriages, legalized by means of an apostìlle (issued by the DFAT, for Western Australia reachable from HERE) and accompanied by a qualified translation into Italian (reference translators available from HERE).
In case of ITALIAN PARENT (INCLUDING ADOPTIVE) BORN ABROAD WHO LIVED 2 CONSECUTIVE YEARS IN ITALY
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Original birth certificate, with apostille and translation into Italian
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Photocopy of the historical residency certificate in Italy issued by the Italian Municipality
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Certificate of “non-naturalization” or Australian “naturalization” certificate issued by the Department of Home Affairs, original, with apostille and translation into Italian
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Civil status records: marriage, divorce, death, any spouse’s death
Italian certificates must be requested from the Municipality and submitted to this office in photocopy.
Australian certificates must be requested from WA Registry of Births, Deaths and Marriages, and must be submitted to this Office in the original form (in WA here) and translation in Italian (here a list of translators).
In case of ITALIAN GRANDPARENT (INCLUDING ADOPTIVE) BORN IN ITALY
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Photocopy of the full birth certificate issued by the Italian Municipality;
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Certificate of “non-naturalization” or Australian “naturalization” certificate issued by the Department of Home Affairs, original, with apostille and translation into Italian;
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Civil status records: marriage, divorce, death, any spouse’s death.
Italian certificates must be requested from the Municipality and submitted to this office in photocopy.
Australian certificates must be requested from WA Registry of Births, Deaths and Marriages, and must be submitted to this Office in the original form (in WA here) and translation in Italian (here a list of translators).
All original documents will not be returned, but retained by the consulate for record-keeping.
HOW TO PRESENT
Parents may freely choose between:
- sending the entire documentation by post (ordinary or registered) to: P.O. Box 1894, West Perth WA 6872; or
- submitting the entire documentation at the counter (Tuesdays or Thursdays, between 10am and 12pm, no appointment required).
NON-AUSTRALIAN CERTIFICATES
For non-Australian certificates, applicants are advised to obtain all details necessary for perfecting them (either by means of an apostille or through legalization, depending on whether or not the issuing country ratified the Hague Convention of 1961) by consulting the website of Italy’s relevant Embassy or Consulate in that country.
When a certificate is accompanied by a sworn translation (as is often the case with documents issued, eg., in Brazil), the translation will have to (1) be apostillized locally, and (2) bear the translator’s wording “translation true to the original attached” (or equivalent), short of which the certificate and the translation will be ineligible and will be returned to applicants to have them perfected.
PLEASE READ CAREFULLY
- If the child’s parents were married abroad and the marriage is not registered in Italy, marriage registration is required first and full documentation provided before applying for registration of a child’s birth certificate.
- Where the child’s parents are unmarried and the father’s name is not on the full birth certificate, a formal acknowledgement of paternity is in order first.