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

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

This procedure is reserved exclusively for minor children with at least one parent is an Italian citizen by birth (iure sanguinis) who does not transmit automatically Italian citizenship (consult the section of the website relative to Vital Records).

Please note: this procedure does also not apply to the minor children of Italian citizens who acquired citizenship through:

  • 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)

The minor who benefits from this acquisition will not be a citizen by birth (iure sanguinis).
According to Article 15 of Law No. 91/1992, the child does not acquire citizenship at birth, but the day after the legal conditions are met.

First case (Article 4, paragraph 1-bis of Law 91/1992)
All the following conditions must be met jointly:

  1. One parent must be an Italian citizen by birth. This excludes those who are citizens by naturalization (Article 9, Law 91/1992), by benefit of law (Article 4, Law 91/1992), by marriage (Article 5, Law 91/1992 or Article 10, Law 555/1912), by reacquisition (Articles 13 or 17 of Law 91/1992), or iure communicatione (Article 14, Law 91/1992).
  2. Both parents (including the foreign parent) or the guardian must submit a formal declaration of intent to acquire citizenship within one year of the child’s birth (or from the date the child’s filiation is legally established from an Italian citizen, or from adoption by an Italian citizen while the child is underage).
    • If both parents are citizens by birth, the one-year period starts from the first recognition of filiation, since that alone transmits citizenship.
    • If the foreign-parent recognition occurs first, the one-year period begins upon recognition by the second parent who is a citizen by birth.

The declaration must be made in person, before the Consular authority. If the parents’ declaration is not made at the same time, the requirement is fulfilled on the date of the second declaration. If filiation (including adoption) is established by only one parent (or if the other parent is deceased), a single parent’s declaration is sufficient.

If the minor subsequently lives legally in Italy, the declaration can be made after the one-year deadline, but the minor must maintain at least two consecutive years of residence in Italy after the declaration is submitted.


Second case (Article 1, paragraph 1-ter of Decree-Law 36/2025)
This applies when all the following conditions are met:

  • The individual was under 18 on May 24, 2025 (the date the conversion law took effect).
  • They are children of Italian citizens by birth who fall under conditions a), a-bis), or b) of Article 3-bis of Law 91/1992. In other words, their parents were recognized as citizens based on an administrative or judicial application filed by 11:59 PM (Rome time) on March 27, 2025, or via appointment confirmed by the consulate or municipality by that date.
  • The parents’ or guardian’s declaration must be submitted to the consular office by May 31, 2026. If the minor turns 18 after May 24, 2025, they must submit the declaration personally by that date.

Declarations must be made in person at the consular office in front of civil-status officers. You must attach:

  • ID documents for the applicant and child
  • Proof of residence in the consular district
  • Documentation as required by the relevant declaration form

The declarations must be made in person at the Consulate General of Italy in Vancouver, in front of consular staff delegated to Civil Registry functions, by appointment to be requested by emailing ricezione.vancouver@esteri.it taking care to attach scans of govt. issued photo ID for the parents and the child, proof of residence in the consular district, and the documentation listed below. For Italian citizens registered in the AIRE in this consular district, the certificate of Italian citizenship by birth of the father or mother may be replaced by a declaration in lieu of certification.

Requested documents

 

Fee (Article 9-bis of Law 91/1992)

A fee of €250 per minor must be paid via bank transfer to the Ministry of the Interior:

  • Beneficiary: “Ministero dell’Interno D.L.C.I Cittadinanza”
  • Bank: Poste Italiane S.p.A.
  • IBAN: IT54D0760103200000000809020
  • Reason: “Acquisto cittadinanza a seguito di dichiarazione ex art. 9‑bis L. 91/1992” and the name and surname of the minor
  • BIC/SWIFT for foreign transfers: BPPIITRRXXX (Poste Italiane)

Once the minor acquires Italian citizenship through these provisions, they may renounce it after reaching adulthood, provided that doing so does not result in statelessness.

 

Last update: 09/07/2025