Italian citizenship by descent: what are the rules applicable to minors following the changes introduced by Law Decree 36/2025?

On March 28, 2025, the Italian government issued a new emergency Law Decree that introduced significant changes to the legislation on Italian citizenship, particularly affecting the position of those who intend to request recognition by descent from an Italian ancestor. The changes introduced by Law Decree 36/2025 – which we have summarized in our article available here - not only concern adults who intend to request recognition of citizenship as a birthright, but also establishes new criteria for minors.

Following these radical changes, minors under the age of 18 (the age at which one is considered an adult in Italy) can obtain recognition of Italian citizenship by descent only if the following conditions are met:

• the minor has parents or grandparents (including adoptive ones) who are Italian citizens born in Italy, or

• the Italian parents have resided in Italy for at least two consecutive years before the birth or adoption of the minor, or

• the minor was born in Italy to Italian parents

At present, the changes introduced by Law Decree 36/2025 are operational, having entered into force with the publication of the decree in the Official Journal on 29 March 2025, however the 60-day deadline for its conversion into law has not yet elapsed. If the Law Decree is not converted within the aforementioned deadline, its effectiveness will lapse, even if it is reasonable to think that the conversion will take place, albeit potentially with amendments and additions.

The fact remains that those who have already obtained recognition of Italian citizenship through judicial or administrative proceedings through an Italian municipality or an Italian consulate abroad will certainly maintain their status as Italian citizens, while those who have submitted their application before March 27, 2025 will see it examined and assessed according to the previous legislation. We will therefore have to wait for the government's decision, by May 27, 2025, to verify what the definitive changes will be that will apply to those interested in the recognition of Italian citizenship by descent.

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The content of this article is intended to provide general guidance on the subject. It is necessary to seek specialized advice regarding your specific situation.