Italian citizenship for minors under the new Law 74/2025

With the conversion of the so-called Tajani Decree (Decree-Law No. 36/2025) into Law No. 74 of May 24, 2025, the landscape of Italian citizenship has undergone significant changes, particularly regarding the recognition of citizenship for the minor children of Italian citizens. Subsequent circulars from the Ministry of the Interior – No. 26185 of May 28, 2025, No. 59/2025 of June 17, 2025, and No. 36356 of July 24, 2025 – have provided the necessary operational instructions to correctly apply the new provisions.

These updates mainly affect Italian families living abroad and those who are completing an Italian citizenship by descent process or intend to apply for an Italian passport for their children.

Before and after Law 74/2025

Before the entry into force of the new legislation, children born abroad to an Italian parent could be recognized as Italian citizens from birth (jure sanguinis), provided that the line of descent was continuous and the parent had registered the child’s birth in Italy before the child turned 18. Adult children could also obtain recognition, provided that the parent had maintained Italian citizenship until the child’s birth.

With Law 74/2025, however, the legislator introduced a key distinction between “citizenship from birth” and “citizenship by benefit of law.” In addition, a two-generation limit has been established for recognition jure sanguinis, thus redesigning the entire framework of citizenship rights for minors.

Citizenship “by benefit of law”

The new law provides that minor children born abroad may acquire Italian citizenship by benefit of law in the following cases:

1. Both parents submit a declaration within one year of the child’s birth or adoption;
2. Both parents submit a declaration and the minor has been legally and continuously residing in Italy for at least two years;
3. The declaration is submitted by May 31, 2026, even for children born before the law came into effect, provided that the parent has been recognized as an Italian citizen from birth.

In these cases, citizenship is not recognized from birth, but is considered acquired the day after the conditions have been met.

A new element introduced is a €250 contribution for each minor, to be paid to the Ministry of the Interior before the declaration. The declaration itself must be made in person before the Civil Status Officer at the competent Italian consulate.

Citizenship “from birth” (jure sanguinis)

The traditional rules for recognizing citizenship from birth remain valid in the following cases:

• One of the parents holds only Italian citizenship;

• One of the parents holds both Italian and another citizenship but has lived in Italy for at least two consecutive years after obtaining Italian citizenship and before the child’s birth;

• One of the grandparents was an Italian citizen at the time of the minor’s birth (or until their death, if it occurred before the birth), and the parent in turn has retained Italian citizenship.

In these situations, the minor is considered an Italian citizen from birth, and no additional payment or declaration is required, although it remains mandatory to present documents proving the citizenship or residence of the parent or grandparent in Italy.

Circular No. 36356 of July 24, 2025

The most recent circular issued by the Ministry of the Interior has further clarified the requirements for the recognition of minors, specifying that the two-year residence of the parent in Italy – as required by Article 3-bis, letter d, of Law 74/2025 – is also valid if the parent obtained citizenship by naturalization or by benefit of law.

In practice, this allows citizenship to be recognized for the children of Italian citizens who have completed an Italian citizenship by descent process, as long as they meet the new time and residence requirements.

Italian families residing abroad must pay particular attention to the new deadlines. By May 31, 2026, parents of minor children born abroad must submit the declaration to their consulate or, if living in Italy, to their municipality of residence, to ensure citizenship recognition.

For future children, the declaration must be submitted within one year of birth to avoid the requirement of two years of residence in Italy.

Law 74/2025 therefore represents a substantial change but also a step toward greater procedural clarity for families wishing to transmit their Italian identity and obtain an Italian passport for their children.

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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.