ACQUISITION OF CITIZENSHIP FOR A MINOR CHILD BORN ABROAD TO A PARENT WHO PASSES CITIZENSHIP (BY DESCENT)
For minor child born abroad to a parent who passes citizenship, please refer to the information provided at the following link: Civil Status
ACQUISITION OF CITIZENSHIP FOR A MINOR CHILD BORN ABROAD TO A PARENT WHO DOES NOT PASS CITIZENSHIP (BY BENEFIT OF LAW)
Minor child born abroad to a parent who does NOT transmit citizenship may acquire Italian citizenship in two cases.
In the first case (Article 4, paragraph 1-bis of Law No. 91/1992), the following conditions must be met jointly:
- One of the parents must be an Italian citizen by birth. Therefore, citizens who obtained citizenship through naturalization (Article 9), “by operation of law” (Article 4), through marriage (Articles 5 of Law No. 91/1992 or 10 of Law No. 555/1912), through reacquisition (Articles 13 or 17), or through iuris communicatione (Article 14) are excluded.
- Both parents (including the foreign parent) or the legal guardian must make a formal declaration of intent to acquire Italian citizenship within three years of the child birth (or from the later date on which the child’s parentage is established from an Italian citizen or from the date of adoption by an Italian citizen ). If the recognition of parentage by both parents (both citizens by birth) occurs at different times, the three-year period starts from the first recognition, as that alone transmits citizenship. However, if recognition by a foreign parent (or an Italian citizen not by birth) occurs first, the three-year period is 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 made in person, in the presence of a civil registrar. If the parents do not make the declaration simultaneously, the legal requirement is considered met on the date the second parent submits their declaration. If parentage (including adoption) is established with only one person (or if the other parent is deceased), a declaration by just one parent is sufficient.
If the minor becomes legally resident in Italy, the declaration may also be submitted after the one-year period following birth, but the child must reside in Italy for at least two consecutive years after the declaration has been submitted by the parents.
The second case (Article 1, paragraph 1-ter of Decree-Law No. 36/2025) applies when the following conditions are all met:
- The person was a minor as of May 24, 2025;
- The child is born to a citizen by birth and meets the conditions listed under letters a), a-bis), and b) of Article 3-bis of Law No. 91/1992. In other words, a parent must have been recognized as citizen based on an administrative or judicial application submitted by 11:59 p.m. (Rome time) on March 27, 2025, or based on an application scheduled by a consular office or municipality before that same date;
- The declaration by the parents or guardian must be submitted to the consular office by May 31, 2026. If the child, who was a minor as of May 24, 2025, reaches the age of majority in the meantime, the declaration must be submitted personally by the individual by the same deadline.
The declaration of intent to acquire citizenship must be formal and made in person, in the presence of a civil registrar. If the parents do not make the declaration simultaneously, the legal requirement is considered met on the date the second parent submits their declaration. If parentage (including adoption) is established with only one person (or if the other parent is deceased), a declaration by just one parent is sufficient.
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In both cases the minor child, according to art. 15 law 91/1992, aquires the Italian citizenship the day after the declaration of intent made by the parents
Italian citizenship acquired through these provisions may be renounced by the individual once they reach the age of majority, as long as this does not result in statelessness.
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FEES
The application is free of charge
DOCUMENTS TO BE PRESENTED ON THE DAY OF THE APPOINTMENT
- Child’s birth certificate with apostille and translation
- Child’s Australian or other foreign passport
- Identity documents of both parents
- Parent’s birth certificate with apostille and translation (or certificate of Italian citizenship by birth). For Italian citizens registered with AIRE within the consular district, the parent’s certificate of Italian citizenship by birth can be replaced by a self-declaration.
ONCE ALL REQUIREMENTS AND DOCUMENTATION ARE VERIFIED, APPLICANTS MAY CONTACT THE CONSULATE TO BOOK AN APPOINTMENT AT THE FOLLOWING ADDRESS: consolato.adelaide@esteri.it