In two cases, provided for in Paragraph 1-bis of Article 4 of Law No. 91/1992 and Article 1, Paragraph 1-ter of Decree-Law No. 36/2025, minor children born abroad to a citizen parent who does not automatically transmit citizenship can acquire Italian citizenship.
The minor who benefits from this will not be a citizen by birth or iure sanguinis.
According to Article 15 of Law No. 91/1992, the minor does not acquire citizenship from the day of birth, but from the day after the conditions provided by law have been met.
In the former case (Paragraph 1-bis of Article 4 of Law No. 91/1992), the following conditions must be possessed jointly:
- one of the parents is a citizen by birth. This excludes cases of citizenship by naturalization under Article 9 of Law No. 91/1992 or “by benefit of law” under Article 4 of Law No. 91/1992 or by marriage under Article 5 of Law No. 91/1992 or Article 10 of Law No. 555/1912 or by repurchase under Articles 13 or 17 of Law No. 91/1992 or iuris communicatione (Article 14 of Law No. 91/1992).
- both parents (including the foreign parent) or the guardian submit a declaration of willingness to acquire citizenship within one year after birth (or from the later date on which filiation from an Italian citizen is established or on which adoption by an Italian citizen is decided during the child’s minority). If the filiation is recognized at later times by parents who are both Italian citizens by birth, the one-year period will start from the first recognition (because already the first recognition involves the transmission of citizenship). If, on the other hand, recognition by a foreign parent (or an Italian citizen not by birth but by another title) occurs first, the one-year period will be counted from the recognition by the second parent who is a citizen by birth.
The declaration of intent to acquire citizenship must be formal and be made in person, in the presence of employee delegated to perform marital status functions. If the parents do not make the declaration at the same time, the legal requirement is considered fulfilled on the date on which the declaration of the second parent is submitted. If filiation (including adoptive) is established with respect to only one person (or if the other parent is deceased), the declaration of only one parent will suffice.
In the case of establishment of the child’s legal residence in Italy, the declaration may also be submitted after the one-year period from the birth, but the residence must continue for at least two continuous years after the declaration of intention to acquire citizenship submitted by the parents.
The second case (paragraph 1-ter of Article 1 of Decree-Law No. 36/2025) applies when all the following conditions are met:
- persons who were minors on the effective date of the conversion law,i.e., persons who had not reached the age of 18 as of May 24, 2025;
- children of citizens by birthwho are in the conditions stipulated in letters (a), (a-bis) and (b) of Article 3-bis of Law No. 91/1992. In other words, the parents must be recognized as citizens on the basis of administrative or judicial application submitted by 11:59 p.m. (Rome time) on March 27, 2025 or on the basis of application submitted on the basis of appointment communicated by the Consular Office or the Municipality by the same date;
- the declaration of the parents or guardian must be submitted to the Consular Office by May 31, 2026. If the person concerned, who was a minor on May 24, 2025, becomes an adult in the meantime, the declaration must be submitted by him personally by the same deadline.
The declarations should be made presentially at the consular office in front of employees delegated to Civil Status functions.
Identity documents of the applicant and son/daughter, proof of residence in the consular district, as well as the documentation listed in the relevant declaration form will also need to be attached.
For Italian citizens enrolled in AIRE of the consular district of residence, the certificate of Italian citizenship by birth of the father or mother may be replaced by a statement in lieu of certification.
According to Article 9-bis of Law No. 91/1992, the payment of the contribution to the Ministry of the Interior of 250 euros, for each minor, by bank transfer is applicable, with any expenses borne by the person who arranges the transfer:
“Ministry of the Interior D.L.C.I Citizenship”
Bank Name: Poste Italiane S.p.A.
IBAN Code: IT54D0760103200000000809020
Reason for payment: Acquisto cittadinanza a seguito di dichiarazione ex art. 9-bis L. 91/1992 and applicant’s first and last name
BIC/SWIFT Code of Poste Italiane: BPPIITRRXXX (for foreign transfers)
BIC/SWIFT Code: PIBPITRA (for EUROGIRO circuit transactions)
Italian citizenship acquired in the ways indicated above may be renounced by the person concerned once he or she comes of age, with the sole condition that a condition of statelessness is not produced.