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

The following 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).

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)

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.

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.

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.


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

1.1 Pursuant to letter a):

  • one of the parents, even if they have another citizenship, is an Italian citizen by birth. As a result, Italian citizens by naturalization under 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 on or before December 31, 2025:

  • one of the parents, even if they have another citizenship, is an Italian citizen by birth. As a result, Italian citizens by naturalization under 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 parentage 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 parentage 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 2026 Italian Budget Law, for applications submitted as of January 1, 2026:

  • one of the parents, even if they have another citizenship, is an Italian citizen by birth. Consequently, cases of citizens by naturalization under 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 parentage 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 parentage 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 must be made in person, before the Consulate General of Italy in Vancouver. If the parents’ declaration is not made at the same time, the requirement is fulfilled on the date of the second declaration. If the parentage (adoption included) is established with respect to a single person (or if the other parent is deceased), the declaration of the single parent is 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.
For further information on how to book an appointment and pay, please read carefully the section below “How to book the appointment and pay the fee”.


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 personally by the interested party within the same deadline.

The declaration must be made in person in the Offices of the Consulate General of Italy in Vancouver. 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 parentage (adoption included) is established with respect to a single person (or if the other parent is deceased), the declaration of the single parent is 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.
For further information on how to book an appointment and pay, please read carefully the section below “How to book the appointment and pay the fee”. Also refer to the slides available here for more details.

REQUIRED DOCUMENTS

  • Form CITT02 Acquisition of Italian citizenship by “benefit of law” (minor children born abroad), duly completed and signed by both parents.
  • Valid passports for the parents and child;
  • The child’s original birth document in long-form (not the “Certificate” format) with the apostille (click here for information on the Apostille in Canada):
    – Alberta: Photocopy of a Registration of Birth (click hereto view a sample)
    – British Columbia: Certified Copy of a Birth Registration (click here) or Certified Electronic Extract of a Birth Registration (click here)
    – Saskatchewan: Certified Copy” (also known as “Copy of Registration of Live Birth (click here)
    – Yukon: Restricted photocopy of Yukon Birth Registration
    For birth documents issued outside of this consular jurisdiction, consult the website of the competent Italian Embassy/Consulate.
  • Italian translation of the birth certificate (the apostille does not require translation), carried out by a certified translator. Please refer to the “Forms” section for a list of recognized certified translators. The certified translator’s signature must be legalized by the Consulate General and the applicable consular fee (see art. 69 of the Table of Consular Fees) must be paid in Canadian dollars,and  in either cash or money order payable to the Consulate General of Italy in Vancouver.
  • “Certificato storico di cittadinanza” of the Italian parent, to be requested from the Italian municipality where the citizenship was obtained. For Italian citizens registered with AIRE and residing in this consular district, the certificate of Italian citizenship by birth of the father or mother can be replaced by a self-declaration (dichiarazione sostitutiva di certificazione).
  • Receipt of the €250 contribution payment payable to the Ministry of the Interior. The receipt must bear the original stamp of the Canadian bank where the payment was made.
    Declarations issued pursuant to Article 4, paragraph 1-bis, letter b), of Italian Law No. 91 of 1992, based on applications submitted on or after January 1, 2026 (case described under point 1.3 of this webpage), are free of charge.
    In all other cases (outlined under points 1.1, 1.2 and 2), pursuant to Article 9-bis of Law No. 91/1992, the payment of a €250 contribution to the Ministry of the Interior is required for each minor.


HOW TO BOOK THE APPOINTMENT AND PAY THE FEE

1. Once you have all the required documentation listed above, create a profile on the online booking portal  Prenot@mi (creating the profile is sufficient: it is not necessary to make a booking), and send an email with the above-mentioned documentation to ricezione.vancouver@esteri.it
2. The Office will schedule an appointment through the Prenot@mi Portal. Information regarding the date and time of the appointment will be communicated via email as well as through the Prenot@mi portal. Please make sure to also check your spam folder.
3. Both parents must appear in person at the offices of the Consulate General of Italy in Vancouver, bringing with them the original documentation.

Declarations issued pursuant to article 4, paragraph 1-bis, letter b) of Italian Law no. 91 of 1992, based on applications submitted on or after January 1, 2026 (case described under point 1.3 of this webpage), are free of charge. In all other cases (outlined under points 1.1, 1.2 and 2), pursuant to article 9-bis of Italian Law No. 91/1992, a fee of €250 per minor must be paid via bank transfer to the Ministry of the Interior (bank fees to be borne by the person requesting the transfer):

  • Beneficiary: “Ministero dell’Interno D.L.C.I Cittadinanza”
  • Bank: Poste Italiane S.p.A.
  • IBAN: IT54D0760103200000000809020
  • Reason for payment: “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)  (for wire transfers from Canada)
  • BIC/SWIFT: PIBPITRA (for EUROGIRO circuit operations)

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.

 

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: 2026/01/05