Registering the birth of minor children

CITENZISHIP BY BIRTH

Italian citizenship is passed from parent to child, for up to two generations, on the condition that the Italian parent has never renounced their citizenship.

Decree-Law No. 36/2025 of March 28, 2025, converted into law on May 24, 2025 (Law 74/2025), introduced additional requirements regarding the recognition of citizenship for minor children of Italian citizens.

Specifically, under the new provisions, an Italian citizen automatically transmits citizenship to a minor child born abroad, and may therefore register the child’s birth in Italy, if one of the following conditions is met:

1. A parent (including adoptive) or grandparent possesses – or must have possessed at the time of death – exclusively Italian citizenship (i.e., they do not have and cannot have any citizenship other than the Italian one) at the time of the minor’s birth;
2. A parent (including adoptive) who is an Italian citizen has resided in Italy for at least two consecutive years, after acquiring Italian citizenship and before the birth or adoption of the minor;
3. The minor does not have and cannot acquire any other citizenship.

WHAT TO SUBMIT TO REGISTER MINOR CHILDREN BORN IN AUSTRALIA

WHAT TO SUBMIT TO REGISTER MINOR CHILDREN BORN IN A FOREIGN COUNTRY OTHER THAN AUSTRALIA

CITIZENSHIP BY BENEFIT OF LAW (MINOR CHILDREN OF CITIZENS WHO DO NOT AUTOMATICALLY TRANSMIT ITALIAN CITIZENSHIP)

In certain specific cases, as provided by clause 4, paragraph 1-bis of Italian Citizenship Act No. 91/1992 and clause 1-ter of Decree-Law No. 36/2025 as converted into law, minor children born abroad to an Italian citizen who does not automatically transmit citizenship (i.e., who doesn’t satisfy one of the three requirements listed above) may acquire Italian citizenship in two situations:

1. In the first case [Art 4, comma 1-b, b DL 91/1992], the following requirements must be met SIMULTANEOUSLY:

• • At least one parent is an Italian citizen by birth (even if they hold another citizenship);
  • Both parents submit a declaration of intent to acquire Italian citizenship WITHIN 3 YEARS FROM THE CHILD’S BIRTH.

1. The second case [Art.1, comma 1-ter, DL 36/2025] is a TRANSITIONAL PROVISION and applies when ALL of the following requirements are met:

• • The applicants are minor children (i.e., individuals who had not yet turned 18) as of May 24, 2025 ;
  • The applicants are children of an Italian citizen by birth who was recognized as Italian following an administrative or judicial application submitted by 11:59 p.m. (Rome time) on March 27, 2025, or based on an application submitted following an appointment booked by that same date;
  • The parents of the minor children must submit a declaration of intent to acquire Italian citizenship by May 31, 2026.

If the individual, who was a minor on May 24, 2025, reaches the age of majority in the meantime, the declaration must be submitted personally by them by the same date.

PLEASE NOTE: The two new cases described above represent a solution for Italian citizens who do not meet the legal requirements set out in clause 3-bis of the Italian Citizenship Act No. 91/1992, and constitute an acquisition of citizenship by operation of law. The minor who benefits from this is not considered an Italian citizen by birth or iure sanguinis, but rather from the day following the parents’ declaration, in accordance with clause 15 of Italian Citizenship Act No. 91/1992.

PROCEDURE

The declaration of acquisition is made in person at the Consulate, after sending in advance by email all the scanned and complete documentation to perth.consolato@esteri.it.

Once the documentation has been reviewed, the officer will contact the applicants by email within a few days, scheduling them on Tuesdays and Thursdays between 9:00 a.m. and 12:00 noon.

Therefore, no appointment is required. Applicants only need to send an email—attaching copies of the documentation and the relevant form—to perth.consolato@esteri.it.

The following documents must be provided:

• the request for transcription of the minor’s birth, which will be prepared and subsequently signed at the Consulate;

• the original birth certificate, issued by the Registry of Births, Deaths and Marriages, legalized by means of an apostille (issued by the Department of Foreign Affairs and Trade);

• the Italian translation of the birth certificate, carried out either by a NAATI-certified official translator or independently.
  If an independent translation is submitted, it must be fully consistent with the original text. Should this Office find any discrepancies with the English text or any missing elements, the entire documentation will be returned to the applicant for completion.
  Please note that no translation of the apostille is required, and no apostille legalization of the translation is required;

• a copy of the birth certificate issued by the Italian municipality of the Italian parent through whom citizenship is claimed, even if that parent was born abroad; a simple copy is sufficient, and the original document is not required;

• clear, legible color photocopies of the biographical pages of the valid passports of the parents and of the minor; the Italian parent(s) must present a valid Italian passport or identity card.

As of 1 January 2026, for applications for the acquisition of citizenship “by benefit of law” for children, no administrative fee will be required, as Law no. 30 of 30 December 2025 introduced free of charge provision for this specific consular service.

It is further noted that declarations to be submitted by 31 May 2026 concerning children of at least one Italian citizen by birth who were still minors on 24 May 2025 will also be free of charge

The following documents must also be attached:

• an identity document of the applicant;

• an identity document or an apostilled and translated certificate (translated by a NAATI-certified translator) proving the child’s other citizenship;

• proof of residence within the consular district;

• and the documentation listed in the relevant declaration form.

For Italian citizens registered with AIRE in the consular district of residence, the certificate of Italian citizenship by birth of the father or mother may be replaced by a self-certification declaration.

Italian citizenship acquired through the methods described above may be renounced by the person concerned once they reach the age of majority, provided that such renunciation does not result in statelessness.

IMPORTANT:

The municipality may refuse to register the birth of a minor born within marriage if the parents’ marriage has not yet been registered. For this reason, applicants are strongly encouraged to submit the documentation of their marriage  (link) together with the documents for the registration of the child’s birth.

The birth registration of minor children adopted in a foreign country follows a different procedure. Therefore, please contact this Consular Office by sending an email to perth.consolato@esteri.it.