The Italian law governing the recognition of Italian citizenship has seen major revisions following the conversion of the Tajani Decree (Decreto-Legge 36/2025) into Law No. 74/2025, effective May 24, 2025. Many Italian parents are asking how these changes impact their minor children born abroad. To clarify how the law should be applied, the Ministry of the Interior released several memos: No. 26185 on May 28, 2025, No. 59/2025 on June 17, 2025, and No. 36356 on July 24, 2025. This article summarizes these updates and explains how the new law applies to children of Italian citizens.
Eligibility Before and After
Up until May 24, 2025, children born abroad to an Italian parent (either born Italian or recognized jure sanguinis) could be acknowledged as Italian as long as the parent registered the child’s birth in Italy before the child turned 18. Even after turning 18, individuals could still seek recognition through a “first-generation application.” In both cases, uninterrupted transmission of citizenship from parent to child had to be demonstrated. Once approved, the child was considered Italian retroactively from the date of birth.
Law 74/2025 changed the legal framework for Italian citizenship, introducing a two-generation limit for recognition through jure sanguinis, making a clear distinction between children who are Italian “from birth” and those who acquire citizenship “by benefit of law.”
Citizenship “By Benefit of Law”
Under the new law, minor children born abroad may acquire Italian citizenship through a declaration process in either of the following ways:
- The parents file the declaration within one year of the child’s birth or adoption;
- The parents file the declaration and the child lives in Italy continuously for at least two years.
A transitional window was created by the law, which allows parents to file this declaration by May 31, 2026 for children born before the law took effect, provided the parent was born in Italy or obtained citizenship jure sanguinis. If the child reaches adulthood before this deadline, they may submit the declaration themselves by the same date.
Unlike recognition jure sanguinis, “by benefit of law” is not granted retroactively. Instead, citizenship is considered effective the day after the requirements are met, either after the declaration within one year of the birth or upon completion of two years of residence in Italy. Another update is the introduction of a €250 administrative fee per child, payable to the Ministry of the Interior before filing. The declaration must be submitted in person at the relevant Italian consulate abroad or at the local comune in Italy.
Citizenship “From Birth”
In certain cases, a child born abroad can be recognized as Italian jure sanguinis without the need for a declaration. This applies when:
- The parent holds exclusively Italian citizenship and never acquired another nationality;
- The parent is a dual citizen who lived in Italy for at least two consecutive years after becoming Italian and before the child’s birth;
- The grandparent held only Italian citizenship at the time of the child’s birth, provided the parent was also Italian. (If the grandparent had already passed away, they must have retained Italian citizenship until death).
For these situations, the application procedure remains unchanged. Parents must present supporting documents, such as the child’s birth certificate and evidence of the parent or grandparent’s Italian citizenship or residence in Italy.
July 24th Circolare
The most recent circolare, No. 36356, issued on July 24, 2025, the Ministry of the Interior reaffirmed the contents of Law 74/2025 and earlier memos. It also clarified Article 3-bis, lett. d of Law 74/2025, confirming that a child may be recognized as Italian if the parent or adoptive parent resided in Italy for two consecutive years after becoming Italian and before the child’s birth or adoption, and this is valid whether citizenship was acquired by descent, naturalization, or benefit of law.
Conclusion
With these regulations, parents of Italian descent should carefully review the new procedures to ensure their minor children are properly recognized. For children born prior to Law 74/2025, the deadline to file a declaration for Italian citizenship is May 31, 2026. For children born afterward, parents must file within one year of birth or adoption, or rely on the two-year residence requirement.
If you have any questions about Italian citizenship or the recognition of minor children, don’t hesitate to email us at info@italiancitizenshipassistance.com or contact us if you have further questions.