Acquisition of citizenship by benefit by law
The Decree Law 36/2025, as converted by Law 74/2025 envisages cases of acquisition of Italian citizenship by benefit by law, which apply in particular to minors born abroad, that is children of Italian citizens by birth who do not automatically transmit citizenship (i.e. minors who do NOT meet the conditions set out in (a1) for the recognition of citizenship at birth).
Such minors may obtain citizenship in the following cases:
A Declaration of intent by the parents within one year of birth or filiation
The minor may acquire Italian citizenship if:
- at least one of the parents is an Italian citizen by birth;
- both parents submit a declaration of intent to acquire citizenship within one year of the minor’s birth or from the subsequent date on which filiation, including adoption, by an Italian citizen is established.
B Declaration by 31 May 2026
This option applies to those who meet all of the following requirements:
- were minors on 24 May 2025 (date of entry into force of Law 74/2025);
- are children of Italian citizens by birth, whose citizenship was recognised following an application submitted by 23:59 on 27 March 2025 (or with an appointment confirmed by that date);
- their parents submit a declaration of intent to acquire citizenship by 31 May 2026. If the minor turns 18 before that date, the declaration must be submitted in person by the person concerned by 31 May 2026.
In cases of acquisition of Italian citizenship by benefit by of law, the citizenship is NOT acquired by birth, but from the day following the declaration made at the Consulate.
For all information about application and documentation requirements, please refer to “Vital Records” page – Section “Birth” available at this link