Law No. 74 of 23 May 2025, which converted Decree-Law No. 36 of 28 March 2025, introduced significant restrictions on the transmission of Italian citizenship and, consequently, on the procedure for the registration of birth certificates of minors born abroad.
Under the new citizenship law, a person born abroad — including before the entry into force of Law No. 74/2025 — who holds another citizenship, or is merely entitled to acquire another citizenship, is deemed to have never acquired Italian citizenship, unless one of the conditions set out below applies.
3.1 AUTOMATIC ACQUISITION OF ITALIAN CITIZENSHIP BY MINOR CHILDREN BORN ABROAD TO ITALIAN CITIZENS
A minor born abroad to Italian parents is considered an Italian citizen only if at least one of the following conditions applies:
1. At the date of birth, the child is entitled exclusively to Italian citizenship, meaning that they neither possess, nor are entitled to acquire, any other citizenship (e.g. by jure sanguinis, jure soli, citizenship by option, etc.).
The application for registration must be accompanied by suitable documentation proving that, at birth, the child was not eligible to acquire any foreign citizenship.
2. At the date of the child’s birth, a first- or second-degree ascendant (parent or grandparent) possesses — or possessed at the time of death — exclusively Italian citizenship.
The application for registration must include suitable documentation conclusively demonstrating that, at the time of the child’s birth, one of the parents or grandparents was exclusively an Italian citizen (or was exclusively an Italian citizen at the time of death, if death occurred before the child’s birth).
Affidavits regarding the absence of any other citizenship will not be accepted.
3. The Italian parent resided in Italy for at least two consecutive years after acquiring Italian citizenship and before the birth of the child.
An Italian citizen parent who acquired citizenship through marriage, residence, or by operation of law must demonstrate that they resided in Italy for at least two consecutive years after acquiring Italian citizenship and before the child’s date of birth.
Residence in Italy prior to the acquisition of Italian citizenship is not relevant, nor is the residence in Italy of the foreign parent. Affidavits regarding residence will not be accepted.
The applicant bears sole responsibility for providing valid proof of residence by means of a HISTORICAL RESIDENCE CERTIFICATE ISSUED BY THE COMPETENT ITALIAN MUNICIPALITY.
3.2 NEW CASES OF ACQUISITION OF ITALIAN CITIZENSHIP ABROAD BY MINOR CHILDREN OF ITALIAN CITIZENS WHO DO NOT AUTOMATICALLY TRANSMIT ITALIAN CITIZENSHIP (“BY BENEFIT OF LAW”)
A minor born abroad to Italian parents who cannot automatically be considered an Italian citizen due to the above limitations (i.e. a child holding another citizenship, or whose parents/grandparents hold another citizenship) may acquire Italian citizenship by “Benefit of Law” if the parents or legal guardian declare their intention for the child to acquire citizenship within three years of the child’s birth, provided that all of the following requirements are met:
- At least one parent is an Italian citizen jure sanguinis.
This excludes Italian citizens who acquired citizenship through naturalisation (Article 9 of Law No. 91/1992), by “Benefit of Law” (Article 4 of Law No. 91/1992), through marriage (Article 5 of Law No. 91/1992 or Article 10 of Law No. 555/1912), or iuri communicatione (Article 14 of Law No. 91/1992).
The applicant bears sole responsibility for providing valid proof of citizenship jure sanguinis (by descent).
Possession of Italian citizenship jure sanguinis by parents or grandparents may be demonstrated by:
- a valid identity document; and
- a citizenship certificate issued by the competent Italian municipality within six months of the date of the application for registration, explicitly stating possession of Italian citizenship from birth.
- Both parents (including the foreign parent), or the legal guardian, submit the declaration of intention for the acquisition of citizenship within three years of the child’s birth, or from the later date on which parentage — including through adoption during minority — is legally established with an Italian citizen.
A transitional provision (Article 1, paragraph 1-ter of Decree-Law No. 36/2025) has also been introduced, allowing the submission of the above declaration of intention on behalf of a minor child of an Italian citizen who does not automatically acquire citizenship, provided that all of the following conditions are met:
- The child was still a minor on 24 May 2025 (the date on which the law converting Decree-Law No. 36/2025 entered into force). In this case, the parents may submit their declaration of intention — together with complete and correct documentation — by 23:59 (Rome time) on 31 May 2029, providing the documentation listed below.
- The child was born after 24 May 2025. In this case, the parents must submit their declaration of intention — together with complete and correct documentation — within three years of the child’s birth (or from the date on which parentage is established, in the case of adoption), providing the documentation listed below.
If the individual, who was a minor on 24 May 2025, reaches the age of majority in the meantime, the declaration must be submitted personally by them no later than 31 May 2029.
The complete documentation must be submitted in original form on the day of the appointment.
PLEASE NOTE:
- A minor who acquires Italian citizenship by “benefit of law” is not considered an Italian citizen from birth or jure sanguinis. Pursuant to Article 15 of Law No. 91/1992, citizenship is acquired from the day following the fulfilment of the legal requirements (for declarations submitted at a Consulate: from the day following the declaration made by both parents).
- Upon reaching adulthood, a person who acquired citizenship following a declaration of intention by the parents, as described above, may renounce Italian citizenship if they possess another citizenship.
- It should be noted that, in both cases, since citizenship is acquired “by benefit of law”, the child does not acquire citizenship from birth, but from the day following the declaration made by the parents at the Consulate.
BIRTH DOCUMENTATION FOR CHILDREN BORN IN CHINA
For children born in the People’s Republic of China to an Italian citizen parent and a non-Chinese parent, a Birth Declaration must be made to the Consular Authority by at least one parent holding Italian citizenship, for the purpose of subsequent registration of the birth certificate in Italy. Where possible, this declaration should be made within ten days of the birth.
The declaration must be accompanied by the medical birth certificate, in the form of a notarial deed, duly translated into Italian and provided with an Apostille (example) issued by the competent Foreign Affairs Office (FAO), together with copies of the parents’ passports.
For children born within marriage, the declaration may be made by only one parent holding Italian citizenship, who must appear in person at the competent Consular Office. For children born outside marriage, both parents must appear in person in order to make the declaration and simultaneously acknowledge the child. The following documents must be submitted for the birth registration at the Consulate:
- Notarial deed of the medical birth certificate (出生医学证明公证书), provided with an Apostille issued by the competent Foreign Affairs Office (FAO).
If one of the parents is a Chinese citizen, the following additional documentation must be submitted and will be forwarded directly to the relevant Italian municipality for registration:
- Notarial deed of the medical birth certificate (出生医学证明公证书), translated into Italian and provided with an Apostille issued by the competent Foreign Affairs Office (FAO);
- Notarial birth certificate (出生公证书) (example), translated into Italian and provided with an Apostille issued by the competent Foreign Affairs Office (FAO);
- Notarial copy, with Italian translation, of the hukou containing the details of the child and the Chinese parent, provided with an Apostille issued by the competent Foreign Affairs Office (FAO).
During the registration process, parents may request the addition of the maternal or paternal last name, if it is missing from the Chinese birth certificates. Please note that, ultimately, the decision to accept or reject a last name different from the one written on the Chinese birth certificates rests solely with the Civil Registrar of the Municipality where the birth registration is submitted. To make the assignment of the desired last name(s) as easy as possible, the parents are encouraged to request that the last names present on the medical birth certificate and/or notarized birth certificate are written in the same way as they will be required to be registered in Italy.
For matters concerning the transmission of citizenship, please refer to the guidance provided in the “Citizenship” section.