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Acquisition of Citizenship by “benefit of law” (minor children born abroad)

WARNING!

A minor born abroad to Italian parents is considered an Italian citizen without the need for a “declaration of intent to acquire citizenship” only if at least one of the following conditions is met (it is in any case necessary to request the transcription of the birth certificate through the Consulate at the competent Italian Municipality):

  1. At the time of birth, the minor can acquire exclusively Italian citizenship, i.e., does not have and cannot acquire any other citizenship e.g., iure soli (citizenship for birth on the territory of the foreign country of residence, as in Canada), citizenship by option, etc.
  2. At the time of the minor’s birth, a first- or second-degree ascendant (parents/grandparents) possesses (or possessed at the time of death) exclusively Italian citizenship (example: a child is born in Toronto in August 2025 to one Canadian or Italo-Canadian parent and one parent who holds only Italian citizenship).
  3. The Italian citizen parent resided in Italy for at least two consecutive years after acquiring Italian citizenship and before the date of the child’s birth.

 

If none of the above conditions (1 to 3) are met, the minor born abroad to Italian parents may still acquire Italian citizenship through a declaration of intent by the parents. Please read the following information carefully

PLEASE, NOTE

The following procedure does not apply to minor children of Italian citizens who acquired citizenship by:

  • Naturalisation (Art. 9, Law No. 91/1992)
  • Acquisition by special provisions (Art. 4, Law No. 91/1992)
  • Marriage (Art. 5, Law No. 91/1992 or Art. 10, Law No. 555/1912)
  • Acquisition as a minor living with a newly naturalized parent (Art. 14, Law No. 91/1992)

This means that, for example, a parent who acquired Italian citizenship through a previous marriage to an Italian citizen cannot submit a declaration of intent for his/her minor child to also acquire Italian citizenship, unless the other parent is Italian by birth. Likewise, an Italian citizen who acquired Italian citizenship because, at the time, they were a minor child living with their naturalized Italian parent cannot submit a declaration of intent.

Acquisition of Citizenship by “benefit of law” (minor children born abroad)

In two cases, provided for by paragraph 1-bis of Article 4 of Law No. 91/1992 and Article 1, paragraph 1-ter of Legislative Decree No. 36/2025, minor children born abroad to a citizen parent who does not “automatically” transmit citizenship may acquire Italian citizenship.

The minor who benefits from this will not be a citizen iure sanguinis (i.e. he/she will not be a citizen by birth).

According to Article 15 of Law No. 91/1992, the minor does not acquire citizenship from the day of birth, but from the day after the conditions provided for by law are met.

1) In the first case, set forth in paragraph 1-bis, letters a) and b) of article 4 of law no. 91/1992, the following conditions must be jointly possessed:

1.1 Pursuant to letter a):

  • one of the parents, even if he or she has another citizenship, is an Italian citizen by birth. Therefore, cases of citizens by naturalization pursuant to Article 9 of Law No. 91/1992 or “by benefit of the law” pursuant to Article 4 of Law No. 91/1992 or by marriage pursuant to Article 5 of Law No. 91/1992 or Article 10 of Law No. 555/1912 or by reacquisition pursuant to Articles 13 or 17 of Law No. 91/1992 or iuris communicatione (Article 14 of Law No. 91/1992) are excluded;
  • both parents (including the foreign parent) or the guardian submit a declaration of intent to acquire citizenship; 
  • following the declaration of intent submitted by both parents/legal guardian, the minor resides legally in Italy for at least two consecutive years.

1.2 Pursuant to letter b), for applications submitted to the Consulate until December 31, 2025 included:

  • one of the parents, even if he or she has another citizenship, is an Italian citizen by birth. Therefore, cases of citizens by naturalization pursuant to Article 9 of Law No. 91/1992 or “by benefit of the law” pursuant to Article 4 of Law No. 91/1992 or by marriage pursuant to Article 5 of Law No. 91/1992 or Article 10 of Law No. 555/1912 or by reacquisition pursuant to Articles 13 or 17 of Law No. 91/1992 or iuris communicatione (Article 14 of Law No. 91/1992) are excluded;
  • both parents or the legal guardian submit their declaration of intent within one year of the birth (or from the subsequent date on which filiation from an Italian citizen is established or on which adoption by an Italian citizen is decided during the child’s minority).
  • In the event of recognition of filiation at a later date by parents who are both Italian citizens by birth, the one-year term will run from the first recognition (because the first recognition already entails the transmission of citizenship). If, however, recognition by a foreign parent (or an Italian citizen not by birth but by another title) occurs first, the one-year term will be calculated starting from the recognition by the second parent who is a citizen by birth

1.3 Pursuant to letter b), as modified by art. 1, paragraph 513 of the Italian Budget Law for the Year 2026, for applications submitted to the Consulate from January 1, 2026 onwards:

  • one of the parents, even if he or she has another citizenship, is an Italian citizen by birth. Therefore, cases of citizens by naturalization pursuant to Article 9 of Law No. 91/1992 or “by benefit of the law” pursuant to Article 4 of Law No. 91/1992 or by marriage pursuant to Article 5 of Law No. 91/1992 or Article 10 of Law No. 555/1912 or by reacquisition pursuant to Articles 13 or 17 of Law No. 91/1992 or iuris communicatione (Article 14 of Law No. 91/1992) are excluded;
  • both parents or the legal guardian submit their declaration of intent within three years of the birth (or from the subsequent date on which filiation from an Italian citizen is established or on which adoption by an Italian citizen is decided during the child’s minority).
  • In the event of recognition of filiation at a later date by parents who are both Italian citizens by birth, the three-year term will run from the first recognition (because the first recognition already entails the transmission of citizenship). If, however, recognition by a foreign parent (or an Italian citizen not by birth but by another title) occurs first, the  term will be calculated starting from the recognition by the second parent who is a citizen by birth

 

The declaration of intent to acquire citizenship must be formal and made in person, in the presence of Consular staff delegated to exercise civil registry functions, by appointment to be requested at ambottawa.cittadinanza@esteri.it.  

If parents do not submit the declaration at the same time, the legal requirement is considered satisfied on the date on which the declaration of the second parent is submitted.

If the filiation (adoption included) is established with respect to a single person (or if the other parent is deceased), the declaration of a single parent will be sufficient. In the case of establishment of legal residence of the minor in Italy, the declaration can also be submitted after the end of one year from birth, but the residence must last for at least two consecutive years after the declaration of intent to acquire citizenship submitted by the parents.

2) The second case (paragraph 1-ter of article 1 of Legislative Decree no. 36/2025) applies when all of the following conditions are met:

  • minors on the date of entry into force of conversion law no. 74/2025, i.e. persons who had not reached the age of 18 on 24 May 2025;
  • children of citizens by birth who are in the conditions set out in letters a), a-bis) and b) of Article 3-bis of Law No. 91/1992. In other words, the parents must be recognized as citizens on the basis of an administrative or judicial application submitted by 11.59 pm (Rome time) on March 27, 2025 or on the basis of an application submitted on the basis of an appointment communicated by the Consular Office or the Municipality by the same date;
  • the declaration of the parents or guardian must be submitted to the Consular Office by 31 May 2026. If the interested party, a minor on 24 May 2025, becomes an adult in the meantime, the declaration must be submitted by him personally within the same deadline.

The declaration of intent to acquire citizenship must be formal and made in person, in the presence of Consular staff delegated to exercise civil registry functions, by appointment to be requested at ambottawa.cittadinanza@esteri.it. 

If the parents do not make the declaration at the same time, the legal requirement is considered satisfied on the date on which the declaration of the second parent is submitted.

If the filiation (adoption included) is established with respect to a single person (or if the other parent is deceased), the declaration of a single parent will be sufficient. In the case of establishment of legal residence of the minor in Italy, the declaration can also be submitted after the end of one year from birth, but the residence must last for at least two consecutive years after the declaration of intent to acquire citizenship submitted by the parents.

Declarations must be made in person at the Consular Office in front of employees delegated to perform civil-status duties, by appointment to be requested via email at: ambottawa.cittadinanza@esteri.it.

It will also be necessary to attach an identity document of the applicant and the child, proof of residence in the consular district, as well as the documentation listed in the relevant declaration form:”Modulo richiesta presentazione dichiarazione di volontà“.

For Italian citizens registered with AIRE in their consular district of residence, the certificate of Italian citizenship by birth of the father or mother may be replaced by a declaration in lieu of certification.

  • Declarations issued pursuant to article 4, paragraph 1-bis, letter b) of Italian Law no. 91 of 1992 based on applications submitted after January 1, 2026 (case described under point 1.3 of this webpage), are FREE of charge.
  • Declarations  issued following applications submitted starting from January 1, 2026, are also FREE for the cases described under point 2 of this page (children of at least one Italian citizen by birth who were still minors on May 24, 2025, with a declaration made by May 31, 2026).
  • In all other cases (outlined under points 1.1, 1.2), pursuant to article 9-bis of law no. 91/1992, the payment of the contribution in favour of the Ministry of the Interior of 250 euros applies, for each minor. Payment must be made by wire transfer, with any bank fees to be borne by the person requesting the transfer:

“Ministero dell’Interno D.L.C.I Cittadinanza”

Bank Name: Poste Italiane S.p.A.
IBAN: IT54D0760103200000000809020
Reason for payment: Acquisto cittadinanza a seguito di dichiarazione ex art. 9-bis L. 91/1992 (followed by the full name of the minor applicant)
BIC/SWIFT Code of Poste Italiane:  BPPIITRRXXX (for foreign wire transfer)
BIC/SWIFT: PIBPITRA (for EUROGIRO circuit operations)

The interested party, once he or she has become an adult, may renounce Italian citizenship acquired in the ways indicated above, with the sole condition that this does not result in a statelessness condition (the interested party may renounce Italian citizenship only if he or she has another citizenship).