Birth

Decree-Law No. 36/2025, converted with amendments by Law No. 74/2025

Decree-Law No. 36 of 28 March 2025 (text), converted with amendments by Law No. 74 of 23 May 2025 (text), has introduced significant changes to the rules governing the transmission of citizenship by descent (iure sanguinis).

In particular, pursuant to the amended Article 3-bis, paragraph 1, of Law No. 91/1992, letters (c) and (d), persons born abroad may acquire Italian citizenship iure sanguinis only if:

• one of their parents (including adoptive parents) possesses, or possessed at the time of death, exclusively Italian citizenship;
• one of their grandparents possesses, or possessed at the time of death, exclusively Italian citizenship;
• they do not fall within any of the above categories, but one of their parents (including adoptive parents) has completed two years of continuous residence in Italy after acquiring Italian citizenship and prior to the birth (or adoption) of the child;
• they do not fall within any of the above categories and do not possess any other citizenship.

The fulfilment of the above conditions, from (1) to (4), must be demonstrated—by the applicant—through appropriate documentation submitted at the time of the application for the registration of the birth. By way of example, though not exhaustively, such documentation may include: certificates issued by the competent authorities of the country of emigration and of any third countries of residence attesting to the non-naturalisation of the relevant ancestor; negative citizenship certificates; and certificates confirming non-registration on electoral rolls. Self-declarations or statements made by the applicant are not admissible.

In order to demonstrate any continuous residence of the parent prior to the birth of the child, historical residence certificates issued by the competent Italian municipality must be produced.

Law No. 72/2025 has nevertheless introduced the possibility, for minors born abroad who do not automatically acquire Italian citizenship under the aforementioned limitations set out in Article 3-bis, paragraph 1, to obtain it “by operation of law”, provided that the father or mother is a citizen by birth and that both parents declare—in person and by means of a formal act before a civil status registrar—their intention for the child to acquire citizenship, on condition that:

1. the declaration is submitted within one year of the minor’s birth or from the later date on which filiation (including adoptive filiation) with an Italian citizen is established (N.B.: the 2026 Budget Law has extended this time limit from one to three years; these amendments are not retroactive and apply from 1 January 2026);
2. the declaration is submitted more than one year after birth (or after filiation is established, including adoption), provided that the minor legally resides in Italy for at least two consecutive years following the submission of the declaration.

Furthermore, for minors as at 24 May 2024, it is possible to acquire citizenship if the parents—citizens by birth and recognised as such before 28 March 2025—submit a formal declaration of intent for acquisition by 23:59 on 31 May 2029.

The declaration of acquisition must be made in person, by prior appointment to be scheduled through the Prenot@Mi portal (Home Page – Prenot@Mi), by selecting the “Civil Status” section.

PROCEDURE FOR REGISTRATION

In order to register a birth within the Italian legal system, it is necessary to book an online appointment under the “Civil Status” section and attend the Embassy with the following documentation:

• Completed and signed application form for registration;
• Original birth certificate issued by the PSA – Philippine Statistics Authority (the central civil registry authority of the Republic of the Philippines), duly apostilled by the local DFA – Department of Foreign Affairs and translated into Italian by a professional translator (some of whom are mentioned in our website);
• Copies of both parents’ passports;
• Documentation demonstrating that the conditions set out in the amended Article 3-bis of Law No. 91/1992 are met (see points (a) to (d) above).

Important: if the minor was born out of wedlock, both parents must attend the Consular Office on the day of the appointment in order to sign the declaration of recognition.

If the minor was born within wedlock, but the parents do not reside within this Consular District, applicants must also submit a copy of the marriage certificate.