Recently, the rules governing the recognition of Italian citizenship have undergone important changes with the conversion of the Tajani Decree (Decreto-Legge 36/2025) into Law No. 74/2025 on May 24, 2025. Many wonder how exactly the new provisions apply to minor children of Italian citizens. The Ministry of the Interior issued several memos to clarify how the law should be applied: No. 26185 on May 28, 2025, No. 59/2025 on June 17, 2025, and, most recently, No. 36356 on July 24, 2025. This article will review the contents of these memos and outline how exactly minor children born abroad to Italian citizen parents can be recognized as Italian under the new legislation.
Before and After the Law Change
Before the new law came into effect on May 24, 2025, children born abroad to an Italian parent (who was either born in Italy or acquired citizenship jure sanguinis) could be recognized as Italian if the parent registered their birth in Italy before the child reached the age of 18. Even when the child had already reached adulthood, it was still possible to apply for recognition through what was known as a “1st-generation application,”. In both instances, it’s imperative that the chain of citizenship was unbroken from parent to child at the time of the child’s birth; and upon recognition, the child would be Italian retroactively from their date of birth.
Law 74/2025 has altered the legal framework, particularly by introducing a two-generation limit for citizenship recognition through jure sanguinis. Also, it created a clear distinction between the acquisition of Italian citizenship “from birth” (jure sanguinis) and acquisition “by benefit of law.”
Citizenship “By Benefit of Law”
Under the new rules, minor children born abroad can acquire Italian citizenship through a declaration process, meeting either of the following scenarios:
- Parents must file the declaration within one year of the child’s birth or adoption
- Parents may file the declaration and the child legally resides in Italy continuously for at least two years
The law also establishes a transitional period where parents may submit the declaration by May 31, 2026. This applies to children born before the law came into effect, whose parent was born in Italy or acquired citizenship jure sanguinis. If the child turns 18 before this date, they can submit the declaration themselves by May 31, 2026.
By acquiring Italian citizenship “by benefit of law”, these children will not be recognized as Italian retroactively from birth. Instead, the law states that they will be recognized from the day after the requirements have been met, either the declaration within one year of birth or the 2-year residence in Italy. Another change introduced by the new law is a required registration fee of €250 per child, which must be paid to the Ministry of the Interior prior to submitting the declaration. The memos also note that the declaration must be filed in person at the Italian consulate abroad or, if living in Italy, and the local comune. Required documents include the child’s birth certificate and evidence of the parent’s Italian citizenship.
Citizenship “From Birth”
There are still circumstances in which a child born abroad can obtain Italian citizenship from birth (jure sanguinis). This occurs if either:
- The parent holds only Italian citizenship and never acquired another citizenship
- The parent is a dual citizen holding Italian citizenship and lived in Italy for at least 2 consecutive years after acquiring Italian citizenship and before the child’s birth.
- The grandparent held only Italian citizenship at the time of the child’s birth, provided that the parent was also Italian. (If the grandparent had passed away before the child’s birth, they must have maintained their Italian citizenship until the time of death)
In these cases, the previous procedure remains in place and no declaration is required. The parents would still need to provide documentation such as the child’s birth certificate and proof of the parent’s or grandparent’s Italian citizenship or two-year residence in Italy.
Circolare No. 36356
On July 24, 2025, the Ministry of the Interior issued Circolare No. 36356, which reiterated the provisions of Law 74/2025 and earlier memos while offering additional clarification. In particular, it confirmed the interpretation of Article 3-bis, lett. d of Law 74/2025, which allows a child to be recognized as Italian if a parent or adoptive parent resided in Italy for two consecutive years after acquiring Italian citizenship and before the child’s birth or adoption. It specified that this rule applies whether the parent acquired Italian citizenship by descent (jure sanguinis), naturalization, or by benefit of law.
Conclusion
With the new citizenship rules, it’s important that Italian parents understand the requirements to have their minor children born abroad recognized as Italian. Particularly, parents of children born before the enactment of Law 74/2025 must submit a declaration by May 31, 2026, and for children born after the law, a declaration must be filed within one year of the child’s birth or adoption. Otherwise, a declaration and 2-year residence in Italy will need to be completed for the child to be recognized.
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