In short. There is no single rule for Italian citizenship for minor children: it depends on the parents, the place of birth and where the child lives. A child of an Italian citizen is Italian from birth, but since the 2025 reform a child born abroad with another citizenship may need a declaration by the parents, usually within three years. A child living in Italy with a parent who becomes Italian generally follows that parent, if they live together and the child has been legally resident for at least two years.
This guide covers the common situations of Italian citizenship for minor children: born abroad to an Italian citizen, child of a parent who becomes a citizen, born in Italy, recognised or adopted. For each one: who files, where, and what happens at 18.
Reviewed 28 October 2026. The guide explains the general rules and is not advice on your own case: consulates and municipalities (Comuni) may follow different practices, and the rules changed several times between 2025 and 2026.
Italian citizenship for minor children: which routes exist?
The table summarises six situations; all the ways of obtaining citizenship are in types of Italian citizenship.
| Situation of the child | How the child becomes Italian | Who acts, and where | Basis (Law 91/1992) |
|---|---|---|---|
| Child of an Italian parent | Italian from birth; limits since 2025 if born abroad with another citizenship | Registration of the birth: consulate or Comune | Arts. 1 and 3-bis |
| Foreign minor with a parent who is Italian by birth | Declaration by the parents or guardian | In person before the civil-status officer: consulate abroad, as a rule the Comune in Italy | Art. 4(1-bis) |
| Lives with a parent who acquires citizenship | Follows the parent | No application by the child; civil-status offices check | Art. 14 |
| Born in Italy to foreign parents | As a rule not Italian at birth; may declare within a year of turning 18 | The child, at the civil-status office | Arts. 1 and 4(2) |
| Recognised by an Italian citizen | As a rule acquires citizenship | Deed of recognition or court judgment | Arts. 2 and 3-bis |
| Adopted by an Italian citizen | As a rule acquires citizenship | Italian judge; foreign adoptions: Juvenile Court | Arts. 3 and 3-bis |
Is a child of an Italian citizen born abroad Italian from birth?
It depends on any other citizenship. A child of an Italian father or mother is a citizen by birth even if born abroad (art. 1), but since the 2025 reform (Decree-Law 36/2025, converted by Law 74/2025) article 3-bis treats a person born abroad who holds another citizenship as if they had never acquired the Italian one, with exceptions. The other citizenship can arrive without any application, for example through the ius soli (citizenship by birth on the territory) of the country of birth.
For birth registration, the Ministry of Foreign Affairs says the consulate checks whether one of these situations applies:
- the child has no other citizenship and cannot acquire one;
- the child has another citizenship, but the Italian parent lived in Italy for at least two continuous years before the birth or adoption (for someone who became Italian by marriage or residence, only the years after the oath count);
- the child has another citizenship and one parent holds only Italian citizenship;
- the child has another citizenship and a grandparent held only Italian citizenship, with an unbroken line of transmission.
In the last two situations self-declarations are not enough. If none applies, the Ministry refers to the declaration under article 4(1-bis), described below. For descent from grandparents and earlier ancestors, see the guide to Italian citizenship by descent (iure sanguinis).
How does the declaration for the child of an Italian citizen by birth work?
It concerns a foreign or stateless minor (without any citizenship) with a parent who is Italian by birth; the Ministry of the Interior says parents who became Italian by grant, marriage or beneficio di legge (benefit of law, acquisition by declaration) do not qualify. The minor acquires citizenship if the parents or the guardian declare that they want it for the child and one of these conditions applies:
- letter (a): after the declaration the minor lives legally in Italy for at least two continuous years;
- letter (b): the declaration is made within three years of the birth, or of the date on which filiation is established, including by adoption.
The three-year term applies from 1 January 2026 (Law 199/2025, the budget law); before, it was one year. From that date no €250 contribution is due for the letter (b) declaration (circular 889/2026); on contributions already paid the sources consulted differ (the circular preserves them, one consulate describes refund requests), so ask the office. Some official pages still show the one-year term or the €250: the law prevails. If the first year had expired before 2026, the circular does not say whether the new term applies: ask the office.
Who signs, where and with which documents?
Under circular 26185 both parents or the guardian sign in person before the ufficiale di stato civile (civil-status officer); one parent is enough if filiation is established only towards that parent or if the other has died, with documentary proof. If the parents declare at different times, the date of the second declaration counts. The consular pages consulted include the foreign parent. Abroad you go to the consulate (an appointment may be needed); in Italy, as a rule, to the Comune.
Each consulate sets its own documents. Buenos Aires, for example, asks for a signed self-declaration, identity documents, proof of residence and the birth record; Lima asks for the child’s birth certificate with apostille and translation and for the Italian parent’s passport (see apostille and legalisation). The child is not Italian from birth: citizenship is acquired the day after the conditions are met, that is, under letter (b) the day after a declaration made within the deadline; under letter (a) the conditions include the two years of residence after the declaration.
Is there a transitional rule?
Yes. It covers minors who on 24 May 2025 were children of citizens by birth in the cases of article 3-bis, letters (a), (a-bis) and (b), where the parents had sought recognition by an application, an appointment or a court case by 23:59 on 27 March 2025. They could declare until 31 May 2026; Decree-Law 200/2025, converted by Law 26/2026, moved the deadline to 31 May 2029 (circular 19951/2026). Anyone who has turned 18 in the meantime declares in person by the same date. The rule does not cover the cases in letters (c) and (d).
Does a child become Italian together with a parent who acquires citizenship?
Under article 14 the minor children of a person who acquires or reacquires Italian citizenship acquire it too, by law and without an application of their own, if they live with that parent. For parental acquisitions from 24 May 2025 the child must also be legally resident in Italy for at least two continuous years on the date the parent acquires citizenship, or since birth if under two.
- Cohabitation: stable and effective, documented, and present when the parent acquires citizenship (art. 12 of the implementing regulation, Presidential Decree 572/1993).
- Which date counts: if the parent becomes Italian by decree, the oath counts, not the notification of the decree; the child acquires citizenship the next day (circular of 24 July 2025 to the Prefects, the State’s local representatives).
- Born abroad with another citizenship: article 3-bis derogates from article 14 and, according to the Ministry, letter (d) applies: the parent must have resided in Italy for at least two continuous years before the child’s birth and for at least two after acquiring citizenship. This limit does not apply to a child born in Italy, or abroad without another citizenship. A delicate case: ask the office.
- Transition dates: the earlier rules apply to acquisitions up to 23 May 2025 and oaths up to 22 May; the Ministry’s documents state the dates slightly differently, so if the oath is close, ask for confirmation.
Civil-status officers check the conditions: according to two consular pages, the officer of the child’s municipality of residence. If a condition is missing, the rule does not apply. A child who lives abroad lacks the two years of residence in Italy, so as a rule this route is not open. For a child already an adult at the parent’s oath, the circulars consulted say nothing. On the legal residence of a foreign minor see accompanying family members and the article 31 permit; on the parent’s own application, citizenship by residence and by marriage.
What if the child was born in Italy to foreign parents?
As a rule the child is not Italian at birth: there is no general ius soli. Children of unknown or stateless parents, children who do not take their parents’ citizenship under their national law, and foundlings are Italian from birth (art. 1). Others can declare that they want citizenship within one year of their 18th birthday, if they have lived in Italy legally without a break (art. 4(2)). As of 28 October 2026 no ius scholae (citizenship linked to years of schooling) appears to be in force; bills to amend the law are under examination in the Chamber of Deputies, so check their status. Details: Italian citizenship for people born in Italy.
What applies to recognition and adoption?
A minor recognised by an Italian citizen, or declared their child by a court judgment, acquires citizenship (art. 2); according to the Ministry of Labour the effect goes back to the birth. An adult child keeps their own citizenship and can choose the Italian one within one year. For a person born abroad with another citizenship the limits of article 3-bis apply.
A foreign minor adopted by an Italian citizen acquires citizenship (art. 3). If the adoption is pronounced in Italy, the judge’s order is enough; if it is foreign, the Tribunale per i minorenni (Juvenile Court) makes it effective and orders its transcription in the civil-status registers. An adopted adult can apply for citizenship after five years of legal residence following the adoption. The limits of article 3-bis also apply to an adopted child born abroad with another citizenship: it derogates from article 3 and mentions adoption in letter (d).
What changes when the child turns 18?
- Article 14 and article 4(1-bis): as an adult, a person can renounce Italian citizenship only if they hold another one, so as not to become stateless.
- Declaration in progress: if the child turns 18 during the two years of residence after the declaration, the circulars consulted do not say how to proceed: ask the office.
- Transitional rule: anyone who has become an adult declares in person by 31 May 2029.
- Article 4(1)(c): a foreign or stateless person whose parent or grandparent is or was a citizen by birth, if legally resident in Italy for at least two years on turning 18, can declare within one year of turning 18 that they want citizenship (circular of 24 July 2025 to the Prefects).
- Born in Italy, or recognised or adopted as an adult: one year from the 18th birthday for the article 4(2) declaration; one year to choose Italian citizenship after recognition; five years of legal residence after adoption.
Italian law allows dual citizenship, but the law of the other country may not: see the guide to dual citizenship.
Frequently asked questions
Is the child of an Italian citizen born abroad always Italian?
Not always. Since the 2025 reform, a person born abroad who holds another citizenship is treated as never having acquired Italian citizenship, unless an article 3-bis exception applies. If a parent is Italian by birth, a declaration under article 4(1-bis) by the parents or guardian may then be considered.
By when must citizenship be declared for a minor child?
Under article 4(1-bis)(b), usually within three years of the birth or of the establishment of filiation (previously one year), with no €250 contribution from 1 January 2026. Alternatively the minor needs two continuous years of legal residence in Italy after the declaration. For some minors the transitional deadline is 31 May 2029.
Do minor children become Italian with a parent who acquires citizenship?
Generally yes, if they live with the parent and, under the 2025 rules, have been legally resident in Italy for at least two continuous years when the parent acquires citizenship, or since birth if under two. The child makes no application; the civil-status office checks the conditions.
Do both parents have to sign?
For the declaration under article 4(1-bis), circular 26185 requires both parents or the guardian, and a single parent if filiation is established only towards that parent or the other parent has died, with documentary proof. Under article 14 the child makes no declaration.
Official sources
- Decree-Law 36/2025 with Law 74/2025, consolidated text – Normattiva (Italian text)
- Circular no. 26185 on Law 74/2025 – Ministry of the Interior (Italian text)
- Circular to the Prefects, 24 July 2025 – Ministry of the Interior (Italian text)
- Circular no. 889, 8 January 2026 – Ministry of the Interior (Italian text)
- Circular no. 19951, 12 March 2026, extension for minors – Ministry of the Interior (Italian text)
- Birth: registration of children born abroad – Ministry of Foreign Affairs (Italian text)
- Benefit of law, minors born abroad – Consulate General, Buenos Aires (Italian text)
- Automatic acquisition of citizenship – Ministry of Labour and Social Policies (Italian text)
The sources were consulted on 28 October 2026. Some consular and ministerial pages are not updated to the latest changes and practices vary: always check the latest instructions of the competent office.
How can SH Immigration Specialists help?
We can help you check the requirements, put the documents in order and follow the file with the consulate or the Comune: see our Italian citizenship assistance service. 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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