Acquisition of Italian citizenship by operation of law for minors born before 25 March 2025: A summary of the procedure currently applicable

The reform of Italian citizenship legislation introduced in 2025 significantly changed the relationship between a parent’s Italian citizenship and that of children born abroad. The new legal framework has, in fact, restricted the automatic transmission of citizenship iure sanguinis to persons born outside Italy who already hold another citizenship.

One of the most sensitive aspects of the reform concerns minor children of Italian citizens by birth who, precisely as a result of the new provisions, cannot be regarded as Italian citizens automatically from birth.

For this particular category, transitional provisions were introduced allowing, where certain requirements are met, Italian citizenship to be acquired through a declaration of intent. This mechanism is commonly referred to as acquisition of citizenship by operation of law (acquisto della cittadinanza per beneficio di legge).

It is important to clarify from the outset the nature of this procedure. A minor who becomes Italian through this mechanism is not regarded as an Italian citizen from birth and this is therefore not a recognition of citizenship iure sanguinis with retroactive effect. Citizenship is acquired at a later point in time, in accordance with Article 15 of Law No. 91 of 1992.

Special provisions for minors who were already under eighteen on 24 May 2025

The starting point for understanding this particular procedure is the date of 24 May 2025, when Law No. 74/2025, converting Decree-Law No. 36/2025, entered into force.

The transitional provisions apply to persons who, on that date, had not yet reached the age of eighteen and who are children of persons recognized as Italian citizens by birth on the basis of procedures covered by the transitional provisions introduced by the reform.

In practice, the provisions may apply to minor children of Italian citizens whose recognition of citizenship was requested through administrative or judicial proceedings by 27 March 2025, or where the appointment required for submission of the application had been communicated by the competent authority by that same date. These are the situations falling within points (a), (a-bis) and (b) of Article 3-bis of Law No. 91/1992.

The date of 27 March 2025 is therefore particularly important: it is not the child’s date of birth alone that determines whether the transitional provisions apply, but above all the point in time at which the procedure through which the parent obtained recognition of Italian citizenship was initiated.

Why the child is not regarded as automatically Italian

The reform introduced Article 3-bis into Law No. 91/1992, establishing a number of limitations on the automatic acquisition of Italian citizenship by persons born abroad who also hold another citizenship.

The new system does not eliminate the principle of iure sanguinis, but restricts its application in certain situations. Consequently, the fact that a parent is an Italian citizen by birth does not necessarily mean that a child born abroad who holds another citizenship must be regarded as Italian from birth.

Precisely in order to prevent the legislative amendment from producing particularly burdensome effects on minors who were already in a defined family situation before the reform entered into force, the legislature provided for a specific possibility of acquiring citizenship by means of a declaration.

The purpose of the provision is therefore to create a link between the previous system and the system introduced by the reform, allowing certain minors to become Italian citizens without having to resort to the ordinary procedures applicable to foreign nationals.

Who can use the transitional procedure

To access this particular form of acquisition, the child must first have been under eighteen on 24 May 2025. It is not sufficient, however, for the parent simply to be an Italian citizen: the parent must be an Italian citizen by birth and must fall within the specific situations contemplated by Article 3-bis.

This requirement is particularly important because the procedure is not intended indiscriminately for all children of Italians residing abroad.

In particular, the parent must have been recognized as an Italian citizen through administrative or judicial proceedings initiated by 27 March 2025, or, in the case of administrative proceedings, the appointment for submission of the application must have been communicated by that date. Documentation relating to the parent’s recognition therefore constitutes one of the central elements of the child’s application.

This means that, before proceeding with the declaration on behalf of the minor, it is necessary to carefully verify how and when the parent obtained Italian citizenship, since that circumstance determines whether the transitional provisions apply.

The declaration of intent is the decisive step

Citizenship is not automatically granted to the minor merely because the above requirements are met. It is necessary to formally express the intention to acquire Italian citizenship.

When the child is still a minor, the declaration is normally made by the parents or guardian in accordance with the procedures established by the competent authority. The declaration must be made in person before the consular official or the official competent for civil-status functions.

Where both parents exercise parental responsibility, the procedure normally requires the participation of both. If the declarations are not made simultaneously, the procedure is completed upon the declaration of the second parent. Where parentage has been established with respect to only one person, or the other parent has died, the declaration may instead be made solely by the relevant parent.

The issue of the deadline is particularly important.

Originally, the legislation established 31 May 2026 as the final deadline for submitting the declaration. Subsequently, however, the legislature intervened again and extended that deadline. Under the rules currently applicable, the declaration may be submitted by 31 May 2029. The extension has not expanded the category of beneficiaries: it is available only to those who met the requirements established by the transitional provisions, namely, in particular, those who were minors on 24 May 2025.

Even if the minor has turned eighteen in the meantime, the possibility is not lost. In that situation, however, the declaration must be made personally by the person concerned by the same deadline of 31 May 2029.

A regime that must not be confused with the new procedures for persons born from 2025 onwards

The transitional provisions for minors who were already under eighteen on 24 May 2025 must be distinguished from the ordinary regime currently applicable to children born abroad.

For children born or adopted after the new rules entered into force, the law provides for a different form of acquisition by operation of law, based on a declaration by the parents and compliance with the deadlines and conditions laid down in Article 4(1-bis) of Law No. 91/1992. The current legislation, also amended by the 2026 Budget Law, allows, under certain conditions, the declaration to be submitted within three years of the birth or adoption.

It is therefore incorrect to apply the same rules indiscriminately to all minors born abroad. The child’s date of birth, the date on which the parent obtained or had Italian citizenship recognized, the time at which any application was submitted, and the child’s age on 24 May 2025 may completely alter the applicable legal route.

Conclusions

The introduction of acquisition by operation of law for minor children of Italian citizens by birth is one of the most significant aspects of the 2025 citizenship reform.

For minors who were already under eighteen on 24 May 2025 and who fall within the specific conditions established by the transitional provisions, the law offers a concrete possibility of acquiring Italian citizenship through a declaration, thereby preventing the change in the rules governing automatic transmission from definitively eliminating the possibility of becoming Italian citizens.

The procedure nevertheless requires careful examination of the family and documentary circumstances. It is not sufficient for an Italian parent to exist: it is necessary to establish the legal basis on which the parent holds citizenship, the date and manner of the previous recognition proceedings, the child’s age on the date specified by law, and compliance with the deadline established for the declaration.

In light of the amendments introduced in 2026, for persons falling within the transitional provisions, the deadline to bear in mind is now 31 May 2029. The extension provides a longer period in which to regularize the situation, but it does not alter the substantive requirements necessary to qualify for the benefit.

The complexity of the legislation therefore makes it advisable to examine each individual situation separately, particularly where there are doubts concerning the date of the original application, the manner in which the parent was recognized as an Italian citizen, or the documentation available.

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The content of this article is intended to provide general information on the topic. For doubts or specific cases, it is advisable to seek specialized legal advice tailored to your particular situation.

Article written by Alessia Ajelli, Managing Associate of LCA Studio Legale, Italian lawyer specialized on Italian immigration and citizenship law, and Paolo Grassi, Trainee of LCA Studio Legale.