In short. Italian citizenship for people born in Italy is not automatic: a child born here to foreign parents is, as a rule, not Italian at birth. The law covers only a few special cases, such as children of unknown or stateless parents and foundlings. Someone born in Italy who has lived here legally and without a break until 18 can instead become Italian by making a declaration to the local municipality (the Comune) within one year of their 18th birthday. The 2025 reform did not change this rule.
Many families ask whether a child born in Italy is Italian. There is no general ius soli (citizenship simply for being born on the territory), but there are a few routes. This guide explains them, together with the changes of 2025 and 2026.
Reviewed 19 October 2026. The guide explains the general rules for people born in Italy to foreign parents. It is not personalised advice: each case depends on residence, permits and documents.
Is Italian citizenship for people born in Italy automatic?
Italian citizenship law (Law 91/1992) is built mainly on descent, ius sanguinis: a child is Italian at birth if the father or mother is Italian. A child born in Italy to foreign parents can become Italian only in a few cases:
| Situation | What the law provides | Legal basis (Law 91/1992) |
|---|---|---|
| Unknown or stateless parents, a child who does not take the parents’ citizenship, a foundling | Italian from birth | Art. 1(1)(b) and (2) |
| Born in Italy and legally resident without a break until 18 | Declaration within one year of the 18th birthday | Art. 4(2) |
| Born in Italy with at least three years of legal residence | Grant by decree, at the State’s discretion | Art. 9(1)(a-bis) |
| Minor child living with a parent who acquires or reacquires citizenship | Becomes Italian with the parent, if legally resident in Italy for at least two years | Art. 14 |
| Foreign minor adopted by an Italian citizen | Acquires citizenship | Art. 3(1) |
All the ways of obtaining citizenship are compared in types of Italian citizenship. If a parent is Italian, citizenship by descent (iure sanguinis) applies instead; if you lost your citizenship, see reclaiming Italian citizenship.
When is someone born in Italy Italian from birth?
Article 1 of Law 91/1992 treats the following as Italian from birth, even with foreign parents:
- children whose parents are both unknown or stateless (that is, without any nationality);
- children who do not take their parents’ citizenship under the law of the State the parents belong to;
- foundlings, meaning children of unknown parents found in Italy, unless another citizenship is proved.
These are special cases and must be proved. Statelessness can be certified by the Ministry of the Interior (art. 17 of Presidential Decree 572/1993) or established by a court.
How do you become Italian at 18 if you were born in Italy?
This is citizenship “by benefit of law”, also called “election of citizenship”: if the requirements are met, it is acquired by a declaration, without a decree. Article 4(2) of Law 91/1992 sets three conditions:
- you were born in Italy;
- you lived in Italy legally and without a break until you turned 18;
- you declare that you wish to acquire Italian citizenship within one year of your 18th birthday.
The implementing regulation (Presidential Decree 572/1993) defines “legal residence” as complying with the entry and stay rules and being registered in the anagrafe, the municipal register of residents. You do not need the B1 level of Italian that naturalisation requires. Italian law allows dual citizenship, but check the rules of your other country.
Where do you make the declaration, and with which documents?
At the ufficio di stato civile (the civil-status office, which records births, marriages and deaths) of the Comune where you live; from abroad, before the Italian consular authority. If the requirements are met, the acquisition takes effect on the day after the conditions and formalities are completed.
The Comune sets the exact list and may have its own form. One Comune’s sheet, for example, asks for an identity document, your passport and your parents’ passports, current and past residence permits (including the parent’s permit that listed you as a child) and the receipt for the contribution. A Comune cannot ask for documents it can obtain from other administrations, but you must give the details needed to find them. Foreign documents must be translated and legalised unless a convention such as the apostille applies: see apostille and legalisation.
How much does it cost, and how long does it take?
Article 9-bis sets a contribution of €250 to the Ministry of the Interior for declarations of election and acquisition of citizenship; one municipal sheet applies it to the declaration at 18, payable by postal slip. The exemption in force since 1 January 2026 covers only minor children born abroad to a parent who is an Italian citizen by birth (art. 4(1-bis)(b)). The 24-month term in article 9-ter applies to marriage and residence, not to this declaration: timing depends on the Comune, and the same sheet says 30 days.
Until the acquisition takes effect you remain a foreign national, so keep your permit valid (see residence permit renewal). For help with the procedure, see Italian citizenship assistance.
How do you prove residence from birth, and what about gaps?
Residence is usually proved by registration in the anagrafe and by the residence permits of you and your parents; school and medical certificates can complete the picture. Under article 33 of Decree-Law 69/2013 (Law 98/2013), anyone applying under article 4(2) cannot be blamed for failures by their parents or by public offices, and the requirements can be proved by any suitable documentation. According to the Ministry of Labour, which summarises a Ministry of the Interior circular of 7 November 2007:
- Late registration in the anagrafe: may be accepted if vaccination or medical certificates show you were already in Italy, and if it is tied to the birth, declared by at least one lawfully resident parent.
- Short gaps in permits: school or medical certificates may help to fill them.
- Long periods abroad or without lawful stay: the official sources consulted do not clarify them; it depends on the case and legal advice is sensible.
The same page cites a broader ruling of the Tribunal of Imperia (10 September 2012): what counts is the overall proof of birth and residence until 18, and the parent’s lawful stay at the time of birth is only one indication. It is a single ruling and does not apply to every case. If the Comune does not accept the declaration, remedies and time limits depend on the case: it is sensible to seek legal advice.
What if more than a year has passed since you turned 18?
First check whether the Comune notified you. In the six months before your 18th birthday, civil-status officers must tell residents born in Italy that they can declare by the age of 19; if no notice was sent, the right can be exercised later.
If you were notified and the time limit has passed, the remaining route is naturalisation by grant: article 9(1)(a-bis) covers a foreign national born in Italy who has lived there legally for at least three years (before 2025 the rule sat in letter (a)). The Ministry of the Interior confirms that the three years remain and that the application is filed from the age of 18. It is not a right: the grant is discretionary, issued by presidential decree, and the other naturalisation rules apply, such as B1 Italian (with some exemptions). Requirements and timing are in the guide to Italian citizenship by residence; with an Italian spouse, see citizenship by marriage.
What happens to children and adopted minors?
Under article 14, minor children living with a parent who acquires or reacquires Italian citizenship become Italian with that parent. For parental acquisitions from 24 May 2025 the child must also have been legally resident in Italy for at least two continuous years (or since birth, if under two). On reaching adulthood the child can renounce, provided they hold another citizenship.
A foreign minor adopted by an Italian citizen acquires citizenship (art. 3). An adopted adult can apply for a grant after five years of legal residence following the adoption (art. 9(1)(b)).
Did the 2025 reform change any of this?
The reform (Decree-Law 36/2025, converted by Law 74/2025) mainly restricted citizenship by descent for people born abroad who hold another citizenship. For people born in Italy to foreign parents it:
- did not change article 1 or the declaration at 18;
- kept the three years of residence for a grant, now in letter (a-bis);
- added the two years of legal residence for minors who follow a parent (art. 14).
Nor does the 2026 budget law (Law 199/2025) touch the declaration at 18: it concerns only minors born abroad to Italian citizens by birth.
What changes once you are Italian?
- You are an Italian and EU citizen: you can live anywhere in the EU and vote and stand in European and local elections where you live.
- You have political rights: the vote (art. 48 of the Constitution) and access to public office on the terms set by law (art. 51).
- Revocation: citizenship acquired by the declaration at 18 can be revoked after a final conviction for serious offences such as terrorism or subversion, within ten years of the conviction becoming final and only if the person holds or can acquire another citizenship (art. 10-bis). It does not apply to people who are Italian from birth.
Are there plans to introduce ius soli or ius scholae?
In October 2026 Italian law provides neither a general ius soli nor ius scholae (citizenship linked to years of schooling). Bill A.C. 2124-A on the acquisition and revocation of citizenship would introduce new limits: the Chamber’s committee finished its examination on 14 October 2026 and the text now awaits examination by the Chamber. Under the committee text, some criminal convictions would block acquisition by the declaration at 18. The text may change: check the current position before you declare.
Other bills are assigned to the Chamber’s Constitutional Affairs Committee, with no examination shown on the official page. Bill A.C. 2028, for example, would let a legally resident parent declare, before the child turns 18, that a child born in Italy acquires citizenship after ten years of schooling in Italy.
Frequently asked questions
Is a child born in Italy to foreign parents Italian?
Not automatically. Italy has no general ius soli: as a rule a child follows the parents’ citizenship. Children of unknown or stateless parents, children who do not take their parents’ citizenship under their law, and foundlings are Italian from birth.
By when must the declaration at 18 be made?
Within one year of the 18th birthday, by a declaration to the civil-status office of the Comune where you live or, from abroad, to the consulate. You need birth in Italy and uninterrupted legal residence until 18. If the Comune did not notify you, the right can be exercised later.
Does late registration in the anagrafe mean I lose the right?
Not necessarily. Under article 33 of Decree-Law 69/2013, failures by parents and offices cannot be held against someone born in Italy, and residence can be proved by any suitable documentation. Each case is still assessed on the documents available.
How much does the declaration at 18 cost?
As a rule a €250 contribution is due to the Ministry of the Interior under article 9-bis of Law 91/1992, paid following the Comune’s instructions. The exemption in force since 2026 does not apply to it. Ask the Comune whether any other costs arise.
Are ius soli and ius scholae law in Italy?
No. In October 2026 the law provides neither a general ius soli nor ius scholae. In the Chamber, bill A.C. 2124-A on acquisition and revocation of citizenship would add limits linked to criminal convictions; proposals such as A.C. 2028 are assigned to committee with no examination shown. Until they become law, the current rules apply.
Official sources
- Law 91/1992, consolidated text as at 24 May 2025 (art. 10-bis not updated) – Consulate of Italy in Cologne (Italian text)
- Law 74/2025, Gazzetta Ufficiale no. 118 – Gazzetta Ufficiale (Italian text)
- First operating instructions on Law 74/2025 – Ministry of the Interior (Italian text)
- Circular no. 889 of 8 January 2026 – Ministry of the Interior (Italian text)
- Acquisition of citizenship by benefit of law – Ministry of Labour and Social Policies (Italian text)
- Bill A.C. 2028 on citizenship for foreign minors born in Italy – Chamber of Deputies (Italian text)
- Office VII, minorities and statelessness – Ministry of the Interior (Italian text)
- Bill A.C. 2124-A on acquisition and revocation of citizenship – Chamber of Deputies (Italian text)
The sources were consulted on 19 October 2026. Municipalities may use different forms and practices and Parliament is examining changes: always check the latest instructions of the competent office.
How can SH Immigration Specialists help?
We can help you check whether you meet the requirements for the declaration at 18, organise the documents that prove continuous residence and follow the procedure with the Comune. Legal advice, appeals and representation are handled by the lawyers of the SH Immigration Specialists law firm. The outcome depends on the competent authorities. For an assessment, contact us.
This content provides general information and does not constitute legal advice.
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Which other guides may help you?
- Italian citizenship 2026: requirements, documents and the 2025 reform
- Italian citizenship by residence: years required, income, B1 and timing
- Italian Citizenship by Descent: 2026 Requirements and Process
- Apostille and Legalisation of Foreign Documents for Italy
- Italian citizenship assistance: residence, marriage and descent
