For general information, please refer to the Guide to Consular Services of the Ministry of Foreign Affairs and International Cooperation at the following link:
Nascita – Ministero degli Affari Esteri e della Cooperazione Internazionale
Registration of Births in Italy – Minors
NEW LEGISLATION ON THE REGISTRATION OF THE BIRTHS OF MINOR CHILDREN OF ITALIAN PARENTS
Law No. 74 of 23 May 2025, which converted into law, with amendments, Decree-Law No. 36 of 28/03/2025, introduced significant changes to Law No. 91 of 5 February 1992 , imposing important limitations on the transmission of Italian citizenship and, consequently, also on the procedure for registering the birth certificates of minors born abroad.
A minor born abroad to an Italian citizen parent is not automatically an Italian citizen.
Under the new legislation, the minor is recognised as an Italian citizen iure sanguinis (by birth) only if at least one of the following circumstances applies:
CASE A
A1) The parent who was born an Italian citizen, including where they also hold another citizenship, has resided in Italy for at least two consecutive years at any time prior to the child’s date of birth;
or
A2) The Italian citizen parent acquired Italian citizenship (through naturalisation, etc.) and resided in Italy for at least two consecutive years after acquiring Italian citizenship and prior to the child’s date of birth.
Residence in Italy prior to acquiring Italian citizenship, as well as residence in Italy of the foreign parent, is not relevant.
IMPORTANT: If Case A1 or A2 applies, it is not necessary to comply with Cases B or C, which require additional documentation.
CASE B
B1) On the date of the minor’s birth, one parent, who had not resided in Italy for at least two consecutive years prior to the child’s birth, held exclusively Italian citizenship.
[Documents Required – Case B1]
or
B2) On the date of the minor’s birth, a grandparent held exclusively Italian citizenship.
IMPORTANT: In the case of a grandparent who holds exclusively Italian citizenship, the minor’s parent must nevertheless hold Italian citizenship, even if Italian citizenship is not their only citizenship.
[Documents Required – Case B2]
CASE C
The minor does not hold, nor is entitled to acquire, any other citizenship (for example, iure sanguinis, iure soli, citizenship by option, etc.).
For example, a minor is considered to hold another citizenship if the minor:
- acquires it iure sanguinis from one of the parents;
- acquires it iure soli (e.g. by being born in a country that applies this principle);
- acquires it through a simple declaration, without the possibility of refusal by the foreign authorities (for example, citizenship acquired through an “option” procedure to be completed for children born abroad). IMPORTANT: Even if the parents decide not to make the declaration of option, the minor is nevertheless considered to hold another citizenship.
IMPORTANT!
The responsibility for providing the relevant evidence lies exclusively with the applicant. A self-declaration stating that the minor does not hold another citizenship will not be accepted as valid evidence.
Applicants are invited to submit a request for registration of the birth certificate only if they are in possession of all the documentation required to verify their entitlement to Italian citizenship.
This Consulate reserves the right to request additional documentation, if necessary.
In such cases, applications deemed incomplete will be rejected by means of a formal notice of intention to refuse pursuant to Article 10-bis of Law No. 241/1990. Following such notice, the applicant will have 10 days to submit any observations or additional documentation