With the conversion of the Tajani Decree (decreto-legge 36/2025) into Law No. 74/2025 on May 24, 2025, many have questions surrounding the new guidelines for the recognition of Italian citizenship, particularly what they mean for minor children of Italian citizens. The Ministry of the Interior issued Circolare No. 26185 on May 28, 2025 and Circolare No. 59/2025 on June 17, 2025, to provide operational guidelines on how the law is to be applied. Finally, another circolare was issued on July 24, 2025, adding further clarification on the rules for minors. This article will review how minor children born abroad to Italian citizens can be recognized as Italian under this amended Italian citizenship law, including relevant dates and required documentation.
Old Rules vs New Rules
Under the previous version of the Italian citizenship law, in effect prior to May 24, 2025, children born abroad to an Italian parent (who was either born in Italy or acquired citizenship jure sanguinis) could be recognized as Italian provided that the parent registered their birth in Italy before the child turned 18 and the line of transmission was intact at the time of their birth. Even in cases where the child became of adult age, they could still apply to be recognized through a 1st generation application if their parent was born in Italy and maintained Italian citizenship until the time of their birth. In these cases, the child’s Italian citizenship would be recognized retroactively from the date of their birth.
Law 74/2025 has redefined the process for children of Italians to claim citizenship, particularly by applying a two-generation limit to recognition jure sanguinis. Crucially, it creates a distinction between the acquisition of Italian citizenship “from birth” (i.e. jure sanguinis) and the acquisition “by benefit of law”.
Citizenship “By Benefit of Law”
According to the new law and its subsequent memos, minor children born abroad can acquire Italian citizenship if either of the following occurs:
- Both parents file a declaration within one year from the child’s birth or adoption;
- Both parents file a declaration, after which the child must reside legally and continuously in Italy for at least two years;
- Both parents file the declaration before May 31, 2026. This includes children born before the Law 74/2025 was enacted whose parent was recognized as Italian “by birth” jure sanguinis or whose parent was born in Italy but acquired a foreign citizenship. If the child turns 18 during this window, they may submit the declaration themselves by the deadline.
With this new declaration process, these children will acquire citizenship “by benefit of law”, rather than being recognized from birth. The law specifically states that minor children will acquire Italian citizenship “by benefit of law” from the day after the conditions have been met (i.e., the declaration within one year of the birth or the two-year residence in Italy).
Another important change is the introduction of a registration fee of €250 per child. This fee should be remitted to the Ministry of the Interior prior to giving the declaration.
The June 19, 2025 Circolare provided further details on the process to officially file the declaration of will for the minor child. It must be made in person in the presence of the Vital Statistics (Stato Civile) clerk, either at the local Italian consulate or, if living in Italy, directly at the Italian comune. Supporting documents, such as the child’s birth certificate and evidence of the parent’s Italian citizenship, will be required.
Citizenship “From Birth”
According to the new law, minor children born abroad can still obtain Italian citizenship “from birth” (jure sanguinis) in the following cases:
- One of the parents only holds Italian citizenship (not a dual citizen);
- One of the parents holds Italian citizenship but also holds a foreign citizenship (dual citizen), however they lived in Italy for 2 consecutive years after acquiring Italian citizenship but before the minor child’s birth;
- One of the grandparents only held Italian citizenship at the date of birth of the child, while the parent was also an Italian citizen (or if the grandparent died before the minor’s birth, they must have maintained their Italian citizenship until death).
In this case, the old procedure still applies and there is no need to file a declaration with the Vital Statistics Office and to remit the registration fee. However, supporting documents will be required, such as the child’s birth certificate and evidence of the parent/grandparent’s Italian citizenship or 2-year residency.
Circolare No. 36356
The Italian Ministry of the Interior released Circolare No. 36356 on July 24, 2025 to provide additional directives and clarifications on the rules for minor children born abroad to be recognized as Italian citizens.
In general, this memo reiterated the provisions outlined in previous memos as well as the ratified law. Specifically, Article 3-bis, lett. d of Law 74/2025 states that a child can be recognized through a parent or adoptive parent who resided in Italy for two consecutive years following their acquisition of Italian citizenship and before the child’s date of birth or adoption.
This circolare clarifies that it is possible to request the minor child’s birth registration according to the 2-year residency requirement if the parent obtained Italian citizenship either by descent (jure sanguinis), naturalization, or by benefit of law.
Conclusion
In review, it’s important that Italian parents who have minor children born abroad submit a declaration to their local consulate, or if living in Italy, to the local comune by May 31, 2026 to ensure the children can be recognized as Italian. Also, for any future children born, the parent should submit the declaration within the first year of their birth, otherwise it would be required to complete a 2-year residency in Italy.
Should you have any questions or need assistance with the recognition of Italian citizenship for your minor children, don’t hesitate to contact us directly, visit our website at italiancitizenshipassistance.com.
