In two cases, provided for by 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 Italian citizenship may acquire Italian citizenship.
The minor who benefits from this provision is not considered an Italian citizen by birth or iure sanguinis.
Pursuant to Article 15 of Law No. 91/1992, the child does not acquire citizenship from the date of birth, but rather from the day following the fulfillment of all legal conditions.
1) In the first case (paragraph 1-bis of Article 4 of Law No. 91/1992), the following conditions must be jointly met:
- one of the parents is a citizen by birth. Therefore, cases of citizens by naturalization pursuant to Article 9 of Law No. 91/1992, or “by benefit of law” pursuant to Article 4 of Law No. 91/1992, or by marriage pursuant to Article 5 of Law No. 91/1992 or Article 10 of Law No. 555/1912, or by reacquisition pursuant to Articles 13 or 17 of Law No. 91/1992, or iuris communicatione (Article 14 of Law No. 91/1992) are excluded.
- both parents (including the foreign parent) or the guardian must submit a formal declaration of intent to acquire citizenship within one year from the birth (or from the later date on which the filiation to the Italian citizen is established or the adoption by an Italian citizen is decided during the minor’s age). In case of filiation recognition at a later time by both parents being Italian citizens by birth, the one-year term shall run from the date of the first recognition (since the first recognition already entails the transmission of citizenship). However, if the recognition by the foreign parent (or an Italian citizen not by birth but by another title) occurs first, the one-year term will start from the recognition by the second parent who is an Italian citizen by birth.
The declaration of intent to acquire citizenship must be formal and made in person, in the presence of an official delegated to exercise civil status functions. If the parents do not make the declaration simultaneously, the legal requirement shall be considered fulfilled on the date the declaration of the second parent is submitted. If filiation (including adoption) is established with respect to only one parent (or if the other parent is deceased), the declaration of a single parent shall suffice.
In the case of establishing the minor’s legal residence in Italy, the declaration may be submitted even after the one-year term from birth has expired, provided that the residence continues uninterrupted for at least two years following the declaration of intent to acquire citizenship made by the parents.
2) The second case (paragraph 1-ter of Article 1 of Decree-Law No. 36/2025) applies when all the following conditions are met:
- Individuals who were minors at the date of entry into force of the conversion law, that is, those who had not yet reached the age of 18 as of 24 May 2025;
- children of Italian citizens by birth who fall under 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 Italian citizens on the basis of an administrative or judicial application submitted by 23:59 (Rome time) on 27 March 2025, or on the basis of an application submitted pursuant to an appointment communicated by the Consular Office or the Municipality by the same deadline;
- the declaration by the parents or legal guardian must be submitted to the Consular Office no later than 31 May 2026. If the applicant, although a minor on 24 May 2025, reaches majority in the meantime, the declaration must be submitted personally by the applicant by the same deadline.
The declarations must be made in person at the Consular Office, in the presence of officials delegated with civil status functions.
Applicants must also submit identification documents for both the applicant and the child, proof of residence within the consular jurisdiction, and the supporting documentation listed in the relevant declaration form.
For Italian citizens registered with the AIRE within the relevant consular jurisdiction, the certificate of Italian citizenship by birth of the father or mother may be replaced by a substitute declaration of certification.
Pursuant to Article 9-bis of Law no. 91/1992, a contribution of €250 per each minor is payable to the Ministry of the Interior. Payment shall be made via bank transfer, with any applicable fees to be borne by the sender.
Beneficiary:
Ministero dell’Interno D.L.C.I Cittadinanza
Bank Name: Poste Italiane S.p.A.
IBAN: IT54D0760103200000000809020
Payment Reference: Acquisition of citizenship pursuant to declaration under Article 9-bis of Law no. 91/1992 – [Name and Surname of the applicant]
SWIFT/BIC Code (for international transfers): BPPIITRRXXX
SWIFT/BIC Code (EUROGIRO transfers): PIBPITRA
An individual who acquires Italian citizenship through the procedures outlined above may renounce it upon reaching the age of majority, provided that such renunciation does not result in a condition of statelessness.