In two cases minor children born abroad to a citizen parent who does not automatically transmit citizenship may acquire Italian citizenship:
– FIRST CASE: Article 4, paragraph I-bis (letter a and letter b of Law No. 91/1992 )
– SECOND CASE: Article 1, paragraph I-ter of Decree-Law No. 36/2025 (a temporary provision)
A minor acquiring citizenship under these provisions shall not be deemed a citizen by birth or by jure sanguinis.
Pursuant to Article 15 of Law No. 91/1992, the minor shall acquire citizenship not as of the date of birth, but from the day following the fulfillment of the legal requirements forseen by the law.
The declarations must be made in person at the Consular Office before employees delegated to perform civil registry functions.
Worthy of note is the fact that, paragraph 513 of Article 1 of Law No. 199 of December 30, introduced important amendments to Article 4, paragraph 1-bis, letter b) and to Article 9-bis of Law No. 91/1992 on citizenship:
- Applications presented to have a minor child or children acquire Italian citizenship pursuant to Article 4, paragraph 1-bis, letter b) of Law No. 91/1992, may be submitted within three years from —and no longer within just one year from — the minor’s birth or from the subsequent date on which parental affiliation, including adoption, with an Italian citizen is established.
- Starting on January 1, 2026, for the declarations referred to in the aforementioned Article 4, paragraph 1-bis, letter b) of Law 91/1992, as well as for those due by May 31, 2026, for children of at least one Italian citizen who were still minors as of May 24, 2025, the fee of €250 (two-hundred-and-fifty euros) will no longer be due. The declarations will therefore be received free of charge. The aforementioned measures are not retroactive. Therefore, requests for fee reimbursements pursuant to the legislation in force up to December 31, 2025, will not have merit.
Once the individual has reached the age of majority (i.e. full legal capacity, which in Italy is when an individual reaches 18 years of age), they may renounce the Italian citizenship they acquired in the above manner, provided that such renunciation does not result in statelessness.