Italian citizenship for foreign minors born in Italy: how is it obtained?

In Italy, the issue of citizenship for foreign minors born in the country is often a source of doubt and misunderstanding. Contrary to what happens in other states that apply ius soli in its full sense, the mere fact of being born on Italian territory does not automatically confer Italian citizenship. However, the law provides a procedure that allows young people born in Italy to become Italian citizens once they reach the age of majority, provided that certain requirements are met.

The relevant legal framework

Article 4 of Law No. 91/1992 governs the case of minors born in Italy to foreign parents. According to this provision, a foreign national born in Italy who has resided legally and continuously in the country until turning 18 may acquire Italian citizenship if they declare their intention to do so within one year of reaching the age of majority.

This means that the right to citizenship does not arise automatically at birth, but becomes a subjective right that the young person may exercise within a clearly defined time frame: from their 18th birthday until they turn 19.

Essential requirements

In order to apply for the acquisition of Italian citizenship upon turning 18, the applicant must:

1. have been born in Italy;
2. have resided legally and continuously in Italy from birth until the age of 18;
3. declare, within one year of turning 18, their intention to acquire Italian citizenship.

The law does not require that the parents have had lawful residence status throughout the entire period: continuity of residence may be proven through documents attesting to the individual’s presence in Italy (for example, school enrollment records, medical certificates, or healthcare documentation).

Procedure for applying for citizenship

The application does not follow the standard online procedure used for other forms of citizenship, but must be submitted to the Civil Status Office (Ufficio di Stato Civile) of the municipality of residence.

Among the most important documents are:

• the Italian birth certificate;
• proof of continuous residence in Italy until the age of 18;
• other documents useful in demonstrating presence in the country.

Italian citizenship vs. citizenship by descent

The procedure described applies specifically to young people born in Italy to foreign parents. It is distinct from so-called citizenship by descent (iure sanguinis), which is based on the transmission of citizenship rights through ancestry from an Italian citizen.

In the case of citizenship by descent, citizenship status may be acquired regardless of place of birth, provided that the link to Italian ancestors is proven. This pathway follows different rules and does not automatically apply to minors born in Italy if their parents do not already hold Italian citizenship.

What to do after acquisition

Once Italian citizenship has been recognized, the young person may apply for an Italian passport from the competent authority (Questura), which is essential for traveling as a citizen of the European Union and for obtaining full recognition of civil rights.

Conclusion

In summary, foreign minors born in Italy have a clearly defined path to obtaining Italian citizenship: it is not an automatic right at birth, but a concrete and achievable opportunity if continuous residence up to the age of majority can be demonstrated and the declaration is submitted within the prescribed time limits. With the acquisition of citizenship, the possibility also opens up to apply for an Italian passport, a symbol and instrument of full inclusion in the Italian legal and social system.

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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.