In two cases, provided for 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.
A minor acquiring citizenship under these provisions will NOT be considered a citizen by birth or iure sanguinis.
Pursuant to Article 15 of Law No. 91/1992, the minor does not acquire citizenship on the day of birth but on the day after all legal requirements have been met.
Under the first case (paragraph 1-bis of Article 4 of Law No. 91/1992), the following conditions must be jointly satisfied:
- One of the parents must be an Italian citizen by birth.
Therefore, this excludes cases of citizenship acquired by naturalization under Article 9 of Law No. 91/1992, by “operation of law” under Article 4 of Law No. 91/1992, by marriage under Article 5 of Law No. 91/1992 or Article 10 of Law No. 555/1912, by reacquisition under Articles 13 or 17 of Law No. 91/1992, or by iuris communicatione(Article 14 of Law No. 91/1992). - Both parents (including the foreign parent) or the legal guardian must submit a declaration expressing their intention to acquire citizenship on behalf of the child within one year from birth (or from the date on which filiation to the Italian parent is legally established, or the date of adoption by an Italian citizen during the child’s minority).
If filiation is recognized at a later date by both parents who are Italian citizens by birth, the one-year period starts from the first recognition (as the first recognition already entails the transmission of citizenship).
If, however, the foreign parent (or an Italian parent who is not a citizen by birth but acquired citizenship through other means) recognizes the child first, the one-year period begins from the recognition by the second parent who is a citizen by birth.
The declaration of intention to acquire citizenship must be formal and made in person before an official authorized to perform civil status functions.
If the parents do not make the declaration simultaneously, the legal requirement is deemed fulfilled on the date the second parent submits their declaration.
If filiation (including adoptive) is legally established with only one person (or if the other parent is deceased), only one parent’s declaration is required.
If the child legally resides in Italy, the declaration may be submitted after the one-year deadline, but the residence must continue uninterrupted for at least two years following the parents’ declaration of intention to acquire citizenship.
The second case (paragraph 1-ter of Article 1 of Decree-Law No. 36/2025) applies when all of the following conditions are met:
- The person is a minor on the date the conversion law enters into force, i.e., has not yet turned 18 on 24 May 2025;
- The person is the child of a parent who is a citizen by birth and who meets the conditions set out in 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 27 March 2025, or based on an application scheduled by appointment communicated by the Consular Office or the Municipality by the same date; - The declaration of the parents or legal guardian must be submitted to the Consular Office by 31 May 2026.
If the person, who was a minor on 24 May 2025, reaches adulthood in the meantime, the declaration must be submitted by the person directly by the same deadline.
Declarations must be made in person at the Consular Office before an official authorized to perform civil status functions.
The following must also be attached:
- Identification documents of the applicant and the child,
- Proof of residence within the consular district,
- All documentation indicated in the relevant declaration form.
For Italian citizens registered in the AIRE of the consular district of residence, the Italian citizenship certificate by birth of the parent may be replaced with a self-certification.
Under Article 9-bis of Law No. 91/1992, a €250 contribution must be paid to the Ministry of the Interior for each minor, via bank transfer (transfer fees, if any, to be paid by the applicant):
Beneficiary: Ministero dell’Interno D.L.C.I Cittadinanza
Bank: Poste Italiane S.p.A.
IBAN: IT54D0760103200000000809020
Payment reference: Acquisto cittadinanza a seguito di dichiarazione ex art. 9-bis L. 91/1992 – [Name and surname of applicant]
BIC/SWIFT (foreign transfers): BPPIITRRXXX
BIC/SWIFT (EUROGIRO transfers): PIBPITRA
Once citizenship is acquired in this manner, the person may renounce Italian citizenship upon reaching adulthood, provided this does not result in statelessness.