In two cases, provided for in Article 4, paragraph 1-bis of Law No. 91/1992 and Article 1, paragraph 1-ter of Decree-Law No. 36/2025, minor children born abroad to a parent who does not automatically transmit citizenship may acquire Italian citizenship.
The minor benefiting from this will not be a citizen by birth or iure sanguinis (by descent).
According to Article 15 of Law No. 91/1992, the minor does not acquire citizenship from the date of birth, but from the day following the date on which the legal requirements are fulfilled.
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 communicatio (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 one year of the child’s birth (or from the later date on which the child’s parentage is established from an Italian citizen or when adoption by an Italian citizen occurs during the child’s minority). If the recognition of parentage by both parents (both citizens by birth) occurs at different times, the one-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 one-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 the date of entry into force of the conversion law, i.e., had not turned 18 as of May 24, 2025;
- The child is born to citizens 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, the parents must have been recognized as citizens 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.
Declarations must be made in person at the consular office before officials authorized to perform civil registry duties.
You must also attach the applicant’s and the child’s identity documents, proof of residence within the consular district, and any documentation listed in the relevant declaration form.
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.
According to Article 9-bis of Law No. 91/1992, a fee of €250 per minor must be paid to the Ministry of the Interior via bank transfer (any associated fees are the sender’s responsibility):
“Ministero dell’Interno D.L.C.I Cittadinanza”
Nome della Banca: Poste Italiane S.p.A.
Codice IBAN: IT54D0760103200000000809020
Causale del versamento: Acquisto cittadinanza a seguito di dichiarazione ex art. 9-bis L. 91/1992 e nome e cognome del richiedente
Codice BIC/SWIFT di Poste Italiane: BPPIITRRXXX (per bonifici esteri)
Codice BIC/SWIFT: PIBPITRA (per operazioni del circuito EUROGIRO)
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.
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)
- Proof of €250.00 payment