Learn how Italian citizenship works for minors born abroad, adopted children, and those affected by the 2025 reform.
Overview
On May 24, 2025, Italian Law 74/2025 came into force, converting and modifying Decreto-Legge 36/2025. This reform modernizes the rules on Italian citizenship by descent (jus sanguinis), introducing stricter eligibility for automatic transmission and creating new procedures that allow minors to acquire citizenship by declaration, also known as acquisition by benefit of law.
Who Is Affected
The new “benefit of law” rules mainly concern minors born abroad to Italian parents who no longer automatically transmit citizenship under the new conditions.
Eligible minors include:
– Children who were under 18 years old on May 24, 2025 (the date Italian Law 74/2025 took effect).
– Those who turn 18 before submitting the declaration may file it personally, provided it is done by May 31, 2026.
Note: The reform is not retroactive. It applies only to minors under 18 as of the enforcement date.
When Automatic Citizenship Is Not Granted
Under the new Article 3-bis of Law 91/1992, Italian citizenship is not automatically transmitted in several cases, such as:
– When the Italian parent was not registered in AIRE or had lost legal residence ties with Italy at the time of the child’s birth.
– When the parent’s Italian citizenship was recognized after the child’s birth.
– When the child was born outside marriage, and paternity or maternity was established later, beyond the legal timeframe.
– When the parent reacquired Italian citizenship after the child’s birth, but did not meet residency or cohabitation requirements.
In these situations, minors can still obtain Italian citizenship — but only through a formal declaration by their parents or guardians.
How Minors Can Acquire Citizenship under Italian Law 74/2025
When automatic transmission does not apply, minors can obtain citizenship through two main paths, plus special provisions for certain cases.
1. Declaration of Will by Parents (Within One Year)
Under Article 4, paragraph 1-bis of Law 91/1992, a child born abroad to an Italian parent may acquire citizenship if both parents or a legal guardian submit a declaration of will within one year of birth, or within one year of legal establishment of filiation (for example, adoption). This applies when the child does not qualify automatically under the stricter rules of Article 3-bis. Citizenship takes effect the day after the consulate or municipality receives the declaration (not retroactively from birth).
2. Transitional Declaration (Until May 31, 2026)
For minors who were under 18 on May 24, 2025 and did not automatically acquire citizenship, parents (or the individual themselves, once 18) may submit a declaration of will no later than May 31, 2026. If the child reaches 18 before that date, they must personally make the declaration within the same deadline. Citizenship becomes effective the day after the competent authority receives the declaration.
3. Special Cases: Children of Parents Who Acquire or Reacquire Citizenship, and Adopted Children
Law 74/2025 also changes how minors obtain citizenship when a parent acquires or reacquires Italian citizenship through naturalization, marriage, or reinstatement. Under the previous law (n. 91/1992), minors automatically became Italian with their parent if they lived together. Under the new rules, minors must have legally resided in Italy for at least two years to acquire citizenship together with their parent. An exception applies for children under two years old born in Italy.
In adoption cases, the same declaration procedure applies if the adoptive parent is Italian.
Key Points and Practical Considerations
Law 74/2025 represents a major shift in Italian citizenship law. The once broad jus sanguinis principle is now more limited, meaning that many children born abroad will need to rely on formal declarations instead of automatic transmission.
Important Reminders:
– Applications filed before March 27, 2025, or with consular appointments scheduled before that date, remain subject to the previous, more favorable rules.
– Minors who acquire citizenship by declaration can renounce it at 18, provided they have another nationality to prevent statelessness.
– Technical details (forms, deadlines, submission procedures) will be clarified through upcoming ministerial circulars.
– Accuracy and timeliness are crucial: late or incomplete declarations may result in rejection or delay.
Final Thoughts
Law 74/2025 redefines how Italian citizenship is passed to the next generation, emphasizing legal residence and active parental involvement. Families with Italian heritage abroad should review their eligibility early and, if necessary, consult with an Italian citizenship professional to ensure proper filing under the new regime.
Contact Us
If you or your family may be affected by the new Italian citizenship rules, our team at With_Papers can assist with eligibility assessments, documentation, and submission of declarations under Italian Law 74/2025. Contact us today for professional guidance and personalized support contact us at With_ Papers at 917-310-2246 or fill out our contact form.