In two cases—set forth by paragraph 1‑bis of Article 4 of Law No. 91/1992 and paragraph 1‑ter of Article 1 of Decree‑Law No. 36/2025—minor children born abroad to a parent who does not automatically transmit citizenship may acquire Italian citizenship.
These minor children are not citizens by birth nor via iure sanguinis.
Under Article 15 of Law No. 91/1992, the child does not acquire citizenship from the day of birth, but from the day following the fulfillment of legal conditions.
Case 1 (paragraph 1‑bis, Article 4 of Law No. 91/1992)
All of the following must apply:
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One of the parents must be a citizen by birth (naturalized citizens under Article 9 of Law 91/1992, or citizenship “by law benefit” under Article 4, or by marriage under Articles 5 or 10, or reacquisition under Articles 13 or 17, or via iure communicatione under Article 14 are excluded).
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Both parents (including the non‑citizen parent) or the legal guardian must submit a declaration of intent to acquire citizenship within one year of the child’s birth (or later date when parentage or adoption by an Italian citizen is established). If parentage is recognized later by two Italian birth‑citizen parents, the one‑year period starts from the first recognition. If one parent recognizes parentage first and is either foreign or a non‑birth Italian citizen, then the one‑year window begins when the second parent (birth‑citizen) recognizes.
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The declaration must be formal, made in person, before a civil‑status official. If parents do not declare at the same time, the legal requirement is satisfied on the date of the second parent’s declaration. If there is a single parent (or other parent deceased), one parent’s declaration suffices.
If the minor establishes legal residence in Italy, the declaration may be submitted after the one‑year term, provided the child remains a legal resident for at least two continuous years after the declaration is made by the parents.
Case 2 (paragraph 1‑ter, Article 1 of Decree‑Law No. 36/2025)
Applies when:
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The child was still a minor at the entry into force of the law (i.e. under 18 as of May 24, 2025);
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The child is the son/daughter of a citizen by birth, under cases a), a‑bis) or b) of Article 3‑bis of Law 91/1992—in other words, citizenship recognition based on administrative or judicial application submitted by 23:59 Rome time on March 27, 2025, or appointment arranged by that date;
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A declaration by the parents or guardian must be submitted in person to the Consular Office by May 31, 2026. If the child becomes of age before that date, they must declare personally before the same deadline.
Declarations must be made in person at the Consular Office, in front of civil‑status staff. Identity documents of both the applicant and the child, proof of residence in the consular district, and the documentation listed in the relevant declaration form must be attached.
For Italian citizens registered in AIRE within the consular district, the birth‑citizen parent’s citizenship certificate may be replaced by a self‑declaration.
Under Article 9‑bis of Law No. 91/1992, a contribution of €250 per minor must be paid to the Ministry of the Interior via bank transfer (payer may bear transfer fees):
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Payee: “Ministero dell’Interno D.L.C.I Cittadinanza”
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Bank: Poste Italiane S.p.A.
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IBAN: IT54D0760103200000000809020
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Reason: Acquisition of citizenship under Art. 9‑bis L. 91/1992 + applicant’s full name
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BIC/SWIFT (external transfers): BPPIITRRXXX
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BIC/SWIFT (EUROGIRO operations): PIBPITRA
Once the minor acquires Italian citizenship in the above ways, upon reaching majority they may renounce citizenship, provided they do not become stateless.
Page updated on 02/07/2025