Italian citizenship by descent: transcription of the birth of a minor not included in the recognition ruling

Recognition of Italian citizenship by descent (iure sanguinis) does not automatically make it possible to transcribe the birth certificates of all the minor children of the person concerned. When a child is born abroad while the court proceedings are under way and is not mentioned in the ruling recognizing the parent’s citizenship, their position must be examined through a separate administrative procedure.

The issue is particularly relevant in light of the 2025 changes to Italian citizenship law, which affected the way citizenship status (status civitatis) is recognized for minor children. In this context, it is necessary to distinguish the judicial recognition of the parent’s citizenship from the assessment of the conditions for granting citizenship to the child.

The recognition ruling is not sufficient to transcribe the minor’s birth

One of the situations that may arise during proceedings for recognition of Italian citizenship by descent is the birth of a child after the lawsuit has been filed. If the minor was not included among the persons covered by the court ruling, the decision cannot, in itself, be used as the basis for transcribing the child’s birth certificate.

The civil registrar cannot automatically extend the effects of the ruling to persons not covered by its content. It follows that submitting a foreign birth certificate, accompanied by documents proving recognition of the parent’s Italian citizenship, is not sufficient to proceed directly with the transcription.

In these circumstances, an application for transcription submitted without a prior assessment of the minor’s position must be considered inadmissible under the ordinary administrative procedure. This does not mean, however, that the child is necessarily excluded from obtaining Italian citizenship, but that the appropriate procedure for verifying the requirements must be identified.

Child born abroad and parent residing outside Italy

When the parent who has obtained recognition of Italian citizenship resides abroad, handling the minor child’s position mainly involves the competent Italian consular authority.

Once the court proceedings have ended and the formalities relating to recognition of the parent’s citizenship have been completed, the parent must register with the Registry of Italians Residing Abroad (AIRE). This step regularizes the new Italian citizen’s registry position and identifies the competent administrative office for subsequent steps.

At this point, the parent can contact the Italian Consulate to have the child’s position specifically assessed. The consular authority will examine the birth documentation and the information needed to verify whether the requirements for recognition of the minor’s Italian citizenship are met.

Only once the checks have been completed, and if it is confirmed that the conditions laid down by law are met, can the birth certificate be sent to the competent Italian municipality for transcription in the civil registers.

It is therefore important not to confuse the parent’s AIRE registration with automatic recognition of the child’s citizenship: these are separate formalities within a procedure that requires a specific assessment of the minor’s position.

The procedure when the parent resides in Italy

A different path applies when the parent, after judicial recognition of citizenship, is resident in an Italian municipality.

In this case, once the civil registrar has acknowledged the ruling and the formalities relating to the parent’s citizenship have been completed, the child’s registry position must be regularized according to the procedures for foreign minors.

Registering the child as a foreign national is, in this context, a necessary preliminary step to allow their position to be assessed subsequently.

It will then be up to the Mayor to verify the requirements for recognition of the minor’s Italian citizenship. This check must be carried out on the basis of the available documentation and the provisions applicable to the specific case.

If the assessment is favorable, the child’s birth certificate can be transcribed in the municipality’s civil registers.

The importance of distinguishing the parent’s recognition from the child’s

The birth of a child during court proceedings for citizenship iure sanguinis may give rise to administrative needs that are not necessarily resolved within the same ruling.

The fact that the child was not included in the ruling recognizing the parent’s citizenship requires a separate assessment of their position, preventing the birth certificate from being transcribed on the basis of a court decision that does not directly concern them.

Identifying the competent authority and the administrative path to follow depends mainly on the parent’s residence: if the parent resides abroad, the reference point is the Italian consular authority; if the parent resides in Italy, the procedure involves the municipal administration and the offices responsible for citizenship checks.

Understanding this distinction helps avoid transcription requests that lack the necessary prerequisites and properly handle the formalities relating to the minor’s citizenship by descent.

Recognition of the parent’s Italian citizenship is therefore a relevant element, but it does not replace the examination of the child’s position. Only by completing the required checks will it be possible to establish whether the conditions are met to transcribe the birth certificate and consequently regularize the minor’s status.

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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.