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

Acquisition of Citizenship by “Benefit of Law”

This procedure is reserved exclusively for minor children of at least one parent who is an Italian citizen by birth (iure sanguinis) and who do not fall within the automatic mechanisms of transmission of citizenship (for further information, please consult the Civil Status – Birth section of this website).

This procedure does not apply to children of Italian citizens who acquired citizenship through:

  • Naturalization (Art. 9, Law 91/1992)
  • Acquisition by benefit of law (Art. 4, Law 91/1992)
  • Marriage (Art. 5, Law 91/1992 or Art. 10, Law 555/1912)
  • Residence as a minor with a naturalized parent (Art. 14, Law 91/1992)

 

LEGAL FRAMEWORK AND REQUIREMENTS

In two cases provided for by Article 4, paragraph 1-bis of Law No. 91/1992 and Article 1, paragraph 1-ter of Law No. 74/2025, minor children born abroad to a citizen parent who does not automatically transmit citizenship may acquire Italian citizenship by “benefit of law.”

A minor who benefits from this provision will not be considered an Italian citizen by birth (iure sanguinis). Furthermore, pursuant to Article 15 of Law No. 91/1992, the minor does not acquire citizenship from the date of birth, but from the day following the date on which the declaration is made in the Consular Offices.

 

First Case  (Article 4, paragraph 1-bis of Law No. 91/1992)
This provision applies when all of the following conditions are met:

  • One parent is an Italian citizen by birth.
    Cases involving citizenship acquired by naturalization under Article 9 of Law 91/1992, by benefit of law under Article 4 of Law 91/1992, by marriage under Article 5 of Law 91/1992 or Article 10 of Law 555/1912, or by iuris communicatio are therefore excluded.
  • Both parents (including the non-Italian parent, if applicable) or the legal guardian must submit a declaration of intent to acquire citizenship within three years of the child’s birth (or from the later date on which filiation with the Italian citizen is established or adoption by an Italian citizen during the child’s minority is finalized).
  • If filiation is recognized at a later time by two parents who are both Italian citizens by birth, the three-year period will run from the first recognition, since the first recognition already entails the transmission of citizenship.
  • If recognition is first made by a foreign parent (or an Italian citizen who is not a citizen by birth), the three-year period will be calculated 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 a Consular Officer delegated to perform civil status functions. If the parents do not submit the declaration at the same time, the legal requirement is considered fulfilled on the date the second parent submits their declaration. If filiation (including adoption) is established with respect to only one parent (or if the other parent is deceased), a declaration from one parent will be sufficient. If the minor establishes legal residence in Italy, the declaration may be submitted after the three-year deadline, provided that the residence continues for at least two consecutive years after the declaration is submitted by the parents.

No fee is required in this case.

 

Second Case (Article 1, paragraph 1-ter of Law No. 74/2025)
This provision applies when all of the following conditions are met:

  • The individual was a minor at the time Law 74/2025 entered into force, meaning they had not yet turned 18 as of May 24, 2025.
  • The individual has a parent who is an Italian citizen by birth and meets the conditions set out in letters a), a-bis), and b) of Article 3-bis of Law No. 91/1992. In other words, the parent must have been recognized as an Italian citizen on the basis of an administrative or judicial application submitted by 11:59 p.m. (Italian time) on March 27, 2025, or on the basis of an application submitted during an appointment scheduled by the Consular Office or an Italian municipality by that same date.
  • The declaration by the parents or guardian must be signed in the Offices of the Consulate General of Italy in Vancouver by May 31, 2029. If the individual who was a minor on May 24, 2025 becomes an adult in the meantime, the declaration must be submitted personally by that individual within the same deadline.

No fee is required in this case.

 

REQUIREMENTS FOR REGISTRATION

To submit the declaration, all of the following requirements must be met:

  • One parent, even if holding another citizenship, is an Italian citizen by birth (iure sanguinis). Cases of citizenship acquired by naturalization (Art. 9 Law 91/1992), by benefit of law (Art. 4), by marriage (Art. 5 Law 91/1992 or Art. 10 Law 555/1912), by reacquisition under Articles 13 or 17 of Law 91/1992, or by iuris communicatione (Art. 14 Law 91/1992) are excluded.
  • Residence within the consular jurisdiction: at least one parent must reside in British Columbia, Alberta, Saskatchewan, or Yukon.
  • AIRE registration of the Italian parent: The parent who is an Italian citizen must be registered with the Registry of Italians Residing Abroad (AIRE).
  • Previous marriages or divorces registered: marriages and divorces of Italian citizens must have been registered in Italy. For further information, see the Vital Records – Marriage and Divorce section of this website.

Declarations must be made in person at the Consulate General of Italy in Vancouver, before Consular Officer delegated to perform civil status functions, by appointment following the instructions below. If the parents do not submit the declaration at the same time, the legal requirement is considered fulfilled on the date the second parent signs the declaration. If filiation (including adoption) is established with respect to only one parent, or if the other parent is deceased, a declaration from one parent will be sufficient.

 

REQUIRED DOCUMENTATION

The Apostille authentication must be requested from the Government of the Province responsible for issuing the document: British Columbia;  Alberta; Saskatchewan. The Apostille of Yukon is issued by Global Affairs Canada.

For birth certificates issued outside this consular jurisdiction, applicants are invited to consult the website of the competent Italian diplomatic mission.

  • Italian translation of the birth certificate (the apostille does not need to be translated), prepared by a certified translator. The translator’s signature must be legalized by the Consulate General. The applicable consular fee must be paid in Canadian dollars, either in cash or by money order payable to the Consulate General of Italy in Vancouver.
  • Historical certificate of citizenship of the Italian parent, to be requested from the Italian municipality where citizenship was obtained. For AIRE-registered Italian citizens residing in this consular jurisdiction, the certificate of citizenship by birth may be replaced by a self-declaration.

APPOINTMENT BOOKING PROCEDURE

  1. Once you have all the required documentation listed above, create a profile on the Prenot@mi online booking portal, schedule an appointment, and send the documentation to ricezione.vancouver@esteri.it.
  2. The Consular Office will review the documentation and will either notify you of any missing documents or confirm the appointment.
  3. On the day of the appointment, both parents must appear in person at the Consulate General of Italy in Vancouver, bringing all the documentation listed above.

Note: The presence of the minor is not required at the appointment. Passport applications cannot be submitted on the day of the appointment.

Once the individual reaches adulthood, they may renounce the Italian citizenship acquired through the above procedures, provided that such renunciation does not result in statelessness.

 

ACQUISITION OF CITIZENSHIP OF MINOR CHILDREN LIVING WITH A PARENT WHO IS NOT AN ITALIAN CITIZEN BY BIRTH

Article 14 of Law No. 91/1992, amended by Legislative Decree No. 36/2025 as converted by Law No. 74/2025, provides that, to acquire citizenship in this way, the child of Italian citizens other than by birth must have been legally resident in Italy for at least two continuous years at the time of acquisition or reacquisition of Italian citizenship by the parent (if the child is under two years of age, he or she must have been resident in Italy since birth).

Please, note that:

In the event that the application for recognition of citizenship of a minor living with a parent who is an Italian citizen but not by birth (iure communicatione) falls within the exceptions identified by letters a), a-bis) or b) of article 3-bis of law no. 91/1992 (i.e., application – administrative or judicial – submitted by 27 March 2025, or application submitted at an appointment indicated by 27 March 2025), the previous rules will apply.
If the application for recognition of citizenship iure communicatione was submitted starting from 28 March 2025, it is necessary that the parent who transmits the citizenship is exclusively an Italian citizen or has resided in Italy for two years before the birth of the child.
If the acquisition or reacquisition of citizenship by the parent occurs starting from 24 May 2025, the child living with the parent who acquires or reacquires Italian citizenship must have been resident in Italy for at least two years before the naturalization of the parent. In this case, the competence to ascertain the acquisition of citizenship by the minor will be the competence of the Italian Municipality of residence.

 

Last update: 2026/03/06