CIRCOLARE 59/2025 – Registering a Minor
By Avv. Michele Vitale
For weeks, families with newborn children have been in a state of legal limbo, anxiously waiting to understand how to proceed with registering a minor for Italian citizenship following the passage of Italy’s new citizenship Law 74/2025. Many were hoping for definitive guidance from the government to clarify the new, confusing procedures. That guidance has now arrived in the form of Circular No. 59/2025, issued by the Ministry of the Interior on June 17, 2025. But does it bring the clarity these parents have been desperately hoping for? The answer, I’m afraid, is both yes and no.
The circular provides practical tools but, crucially, fails to resolve the most significant interpretive doubts surrounding the new rules for registering a minor. In this article, I will break down what the circular actually does, what it fails to do, and why a cautious, text-based legal strategy remains the only safe path forward.
1. What the Circular Does Clarify: The Practical Mechanics
Let’s start with what the circular makes clear. Its primary purpose seems to be providing the operational tools that were glaringly absent from the law itself. Specifically, the document:
- Confirms the Shift to “Benefit of Law”: It explicitly states that a minor born abroad no longer acquires citizenship *jure sanguinis* at birth, but rather “from the day after the conditions provided by law have been met.” This confirms our understanding of a fundamental change in the law.
- Provides the Official Forms: It instructs civil status officers to use an adapted version of “Formula 79” for the parents’ “Dichiarazione di Volontà” (Declaration of Will). This gives us the formal structure for the application.
- Confirms the In-Person Requirement: The structure of the new forms, written from the perspective of an official witnessing an appearance (“Today… before me… has/have appeared…”), validates the instruction from a previous circular that these declarations must be made in person.
These are important practical clarifications. However, on the most contentious point of interpretation, the circular remains conspicuously silent.
2. What the Circular Doesn’t Clarify: The Lingering Ambiguity of the 2026 Deadline
The most pressing question many families have is whether the transitional deadline of May 31, 2026, applies to all minor children, or only to a specific subset. Many, including myself, had hoped the Ministry would use this circular to provide a definitive interpretation to resolve this doubt.
It does not. Instead of offering guidance, the circular simply repeats the literal text of the law, verbatim. It provides two separate forms:
- Annex A: A form for the general rule under Art. 4, comma 1-bis (with its one-year deadline).
- Annex B: A form for the transitional rule, which explicitly states in its heading that it is for the children of parents whose citizenship was recognized under the exceptions of the new Article 3-bis.
By failing to offer an interpretation and instead just re-stating the law’s text, the Ministry avoids taking an official position on the scope of the transitional rule. This leaves the ambiguity unresolved and places the burden of interpretation squarely on the shoulders of individual officials and, eventually, the courts.
3. Why This Silence Reinforces a Cautious, Literal Interpretation
The Ministry’s decision to simply reproduce the law’s text is strategically significant. By refusing to officially endorse a broad, extensive interpretation of the 2026 deadline, it implicitly confirms that the literal, declarative interpretation is a sound, reasonable, and legally defensible position.
This brings us back to the fundamental principles of legal interpretation. A Declarative Interpretation asserts that the law means exactly what its words say. An Extensive Interpretation, by contrast, argues that the legislator intended to say more than the literal text suggests. The latter is the more benevolent view, adopted by some like Dr. Tiziana Piola of ANUSCA, who suggested the 2026 deadline might apply more broadly. However, this remains a personal interpretation, not official policy. It is a hope, not a legal certainty.
In a climate where different officials can adopt different interpretations, relying on a benevolent reading is a gamble. The safest and most professional strategy is to build a case that is unassailable even under the strictest, most literal interpretation of the law.
Conclusion: The Path Forward Remains Proactive and Prudent
The new circular has given us the “how” (the forms and the in-person requirement) but has deliberately avoided clarifying the “who” and “when” for the controversial 2026 deadline. This continued ambiguity makes one thing clear: the burden is on applicants to build the strongest case possible.
This means:
- Adhering strictly to the one-year-from-birth deadline for the Declaration of Will unless you definitively fall into the narrow transitional category.
- Preparing for a formal, in-person declaration before a qualified official.
- Creating a meticulous paper trail of your attempts to comply, which will be your best defense against administrative delays or rejection.
Until the Italian courts or the legislator provide a final, unifying interpretation, this cautious, text-based approach is the only responsible way to navigate the process of registering a minor and safeguard your family’s rights.
CIRCOLARE 59/2025 ENGLISH TRANSLATION
ITALIAN REPUBLIC
Ministry of the Interior
DEPARTMENT FOR INTERNAL AND TERRITORIAL AFFAIRS
CENTRAL DIRECTORATE FOR DEMOGRAPHIC SERVICES
Circular no. 59/2025
Rome, (protocol date)
TO THE PREFECTS OF THE REPUBLIC
THEIR RESPECTIVE OFFICES
TO THE GOVERNMENT COMMISSIONER FOR THE PROVINCE OF
TRENTO
TO THE GOVERNMENT COMMISSIONER FOR THE PROVINCE OF
BOLZANO
TO THE PRESIDENT OF THE AUTONOMOUS REGION OF VALLE D’AOSTA
Prefecture Affairs Service
AOSTA
and, for information:
TO THE STATE COMMISSIONER FOR THE SICILIAN REGION
PALERMO
TO THE GOVERNMENT REPRESENTATIVE FOR THE SARDINIAN REGION
CAGLIARI
TO THE MINISTRY OF FOREIGN AFFAIRS AND INTERNATIONAL COOPERATION
Directorate General for Italians Abroad and Migration Policies
ROME
TO THE MINISTRY OF JUSTICE
ROME
TO THE CABINET OF THE MINISTER
SEDE
TO THE DEPARTMENT FOR CIVIL LIBERTIES AND IMMIGRATION
Central Directorate for Civil Rights, Citizenship and Minorities
SEDE
TO ANCI
ROME
TO ANUSCA
CASTEL S. PIETRO TERME (BO)
DAIT – Office I – Office of the Head of Department – Outgoing Protocol – 0012624 of 17/06/2025
ITALIAN REPUBLIC
Ministry of the Interior
DEPARTMENT FOR INTERNAL AND TERRITORIAL AFFAIRS
CENTRAL DIRECTORATE FOR DEMOGRAPHIC SERVICES
SUBJECT: Law of May 23, 2025, no. 74, converting, with amendments, decree-law of March 28, 2025, no. 36, containing “Urgent provisions on citizenship”. Operational instructions to civil status officers.
As is known, decree-law of March 28, 2025, no. 36, converted, with amendments, by law of May 23, 2025, no. 74, containing “Urgent provisions on citizenship”, has introduced certain significant reforms to the current regulatory framework.
With circular no. 26185 of May 28, 2025, the Central Directorate for Civil Rights, Citizenship and Minorities provided the initial operational instructions to civil status officers, through the prefects, for the purpose of punctual compliance with the provisions of the new regulations.
The provisions in question have, on the one hand, placed limits on the automatic transmission of citizenship iure sanguinis and, on the other, established rules to temper the new limits, also by reopening the terms for the reacquisition of our status civitatis.
In this regard, it is necessary to identify the forms that must be used by the civil status officer for certain specific cases provided for by the new regulations.
In particular, article 4 of law no. 91/1992 has been amended with the introduction of paragraph 1-bis, based on which minor children, who are foreign or stateless, born abroad to a citizen parent who does not automatically transmit Italian citizenship, can acquire it “by benefit of law” if the parents or guardian declare the will for the minor to acquire citizenship within one year of the minor’s birth or from the date on which the parent-child relationship is established, including through adoption, with an Italian citizen, or if, subsequent to the declaration, the minor legally resides in Italy for at least two consecutive years.
In such cases, the minor will not acquire citizenship iure sanguinis from birth, but rather from the day following the one on which the conditions provided for by the law are met.
Article 1, paragraph 1-ter, of decree-law no. 36/2025, as converted by law no. 74/2025, has also provided for a transitional provision according to which for a minor who, on the date of entry into force of the said conversion law (May 24, 2025), is a child of citizens by birth in the cases referred to in letters a), a-bis) and b) of the new art. 3-bis of law no. 91/1992, the declaration of will to acquire citizenship can be submitted by 11:59 p.m. on May 31, 2026.
Both of the above-mentioned declarations, constituting acts of citizenship, must be recorded in the citizenship register pursuant to art. 23 of D.P.R. no. 396/2000.
To this end, pending the approval, by decree of the Minister of the Interior, of the specific official form for the declaration referred to in art. 4, paragraph 1-bis, letters a) and b), form no. 79 of the ministerial decree of April 5, 2002, may be used, appropriately adapted, as reported in Annex A of this circular.
Similarly, concerning the transitional provision of art. 1, paragraph 1-ter, of decree-law no. 36/2025, as converted by law no. 74/2025, the above-mentioned form no. 79 may be adapted, as specifically indicated in Annex B.
DAIT – Office I – Office of the Head of Department – Outgoing Protocol – 0012624 of 17/06/2025
ITALIAN REPUBLIC
Ministry of the Interior
DEPARTMENT FOR INTERNAL AND TERRITORIAL AFFAIRS
CENTRAL DIRECTORATE FOR DEMOGRAPHIC SERVICES
It is recalled that the subsequent verification of the existence of the conditions that constitute the basis for the acquisition of Italian citizenship must also be transcribed in the citizenship register, using form no. 193 of the decree of the Minister of the Interior of April 5, 2002.
Furthermore, art. 1, paragraph 1-bis, of decree-law no. 36/2025, as converted by law no. 74/2025, has amended art. 4 of law no. 91/1992 with the introduction of paragraph 1-ter, which governs the renunciation of Italian citizenship for those who, upon reaching the age of majority and possessing another citizenship, had acquired it pursuant to paragraph 1-bis of the aforementioned art. 4 of law no. 91/1992.
For this specific case, the civil status officer may use form no. 88 of the ministerial decree of April 5, 2002.
The aforementioned decree-law no. 36/2025, as converted by law no. 74/2025, has also reformulated art. 17 of law no. 91/1992, providing for the reopening of the terms for the reacquisition of citizenship in favor of former citizens born in Italy, or who have been resident in Italy for at least two consecutive years, who lost their citizenship no later than August 15, 1992 (the day before the entry into force of law no. 91/1992) in application of art. 8, no. 1 and no. 2, or of art. 12 of law no. 555 of 1912 (naturalization in a foreign country, renunciation of citizenship following involuntary acquisition of foreign citizenship, minor children cohabiting with a parent who has lost citizenship).
Declarations of reacquisition may be submitted between July 1, 2025, and December 31, 2027.
For the aforementioned declarations, form no. 85 of the decree of the Minister of the Interior of April 5, 2002, may be used for the purpose of recording in the citizenship register, appropriately adapted as reported in Annex C.
Also in cases of renunciation and reacquisition of status civitatis, the necessity of transcribing the verification of the existence of the conditions that are a prerequisite for the renunciation and reacquisition of Italian citizenship is recalled.
Finally, it is noted that the declarations described above must be formal and made in person, in the presence of a delegate for the exercise of civil status functions.
This being said, Your Excellencies are invited to represent the above to the Mayors for the subsequent instructions to the civil status offices.
THE CENTRAL DIRECTOR
De Vito
Digitally Signed by:
| TERESA DE VITO
| On Date:
| Tuesday, June 17, 2025 14:11:09
DAIT – Office I – Office of the Head of Department – Outgoing Protocol – 0012624 of 17/06/2025
ITALIAN REPUBLIC
Ministry of the Interior
DEPARTMENT FOR INTERNAL AND TERRITORIAL AFFAIRS
CENTRAL DIRECTORATE FOR DEMOGRAPHIC SERVICES
ANNEX A
Form 79 – Adapted for the declaration of will to acquire Italian citizenship presented by the parents or guardian of a foreign or stateless minor, who subsequently legally resides in Italy for at least two consecutive years, and for the declaration of will to acquire Italian citizenship presented by the parents or guardian of a foreign or stateless minor within one year of the minor’s birth or from the subsequent date on which the parent-child relationship is established, including through adoption, by an Italian citizen by birth (article 4, paragraph 1-bis, letters a) and b), of law no. 91/1992)
Today… before me… Civil Status Officer of the Municipality of ……………….., ….(indicate if in the capacity of mayor or their substitute or by delegation), has/have appeared ………………………………………………………………………
(indicate the full details of the declarant(s)) who has/have stated that he/she/they is/are the ………………………. (parent(s) or guardian(s)) of the minor …………………………………………., born in ……………………. on …………………., a citizen of ………………………………………… (foreign citizenship held by the minor), that he/she/they ………………………………………………………………………………………. (name and surname, date and place of birth), parent(s) of the said minor, is/are an Italian citizen(s) by birth, that the parent-child relationship of the said minor with the Italian citizen parent(s) was established on ………………………………….. by means of …………………………………………………………………. (birth declaration, recognition of parentage, judicial declaration of parentage, adoption during minority), and he/she/they declare(s) the will for the said minor to acquire Italian citizenship.
To this end, he/she/they has/have produced (alternatives: I have acquired and/or I have viewed) the following documents: the minor’s birth certificate; the certificate of foreign citizenship or recognition of stateless status of the minor; the birth certificate of the citizen parent(s) by birth (or the certificate of Italian citizenship by birth of the parent(s)); (if applicable) additional documentation related to the recognition establishing the parent-child relationship or the adoption order; (if applicable) documentation proving the capacity of guardian or the condition of sole parent of the minor.
Since what has been stated to me is supported by the aforementioned documents, I have received this declaration.
The documents produced (and/or acquired), bearing my visa, I insert into the volume of annexes to this register.
The declarant(s)…………………………………………….
The Civil Status Officer…………………………………
DAIT – Office I – Office of the Head of Department – Outgoing Protocol – 0012624 of 17/06/2025
ITALIAN REPUBLIC
Ministry of the Interior
DEPARTMENT FOR INTERNAL AND TERRITORIAL AFFAIRS
CENTRAL DIRECTORATE FOR DEMOGRAPHIC SERVICES
ANNEX B
Form 79 – Adapted for the declaration of will to acquire Italian citizenship presented by the parents or guardian of a minor who, on the date of entry into force of the conversion law no. 74/2025 of decree-law no. 36/2025, is the child of Italian citizens by birth pursuant to art. 3-bis, paragraph 1, letters a), a-bis) and b) of the law of February 5, 1992, no. 91 (art. 1, paragraph 1-ter, of decree-law no. 36/2025, as converted by law no. 74/2025) to be submitted by May 31, 2026
Today… before me… Civil Status Officer of the Municipality of ……………….., ….(indicate if in the capacity of mayor or their substitute or by delegation), has/have appeared ………………………………………………………………………
(indicate the full details of the declarant(s)) who has/have stated that he/she/they is/are the ………………………. (parent(s) or guardian(s)) of the minor …………………………………………., born in ……………………. on …………………., a citizen of ………………………………………… (foreign citizenship held by the minor), that he/she/they ………………………………………………………………………………………. (name and surname, date and place of birth), parent(s) of the said minor, is/are an Italian citizen(s) by birth and is/are in one of the conditions set forth in art. 3-bis, paragraph 1, letters a), a-bis) and b) of the law of February 5, 1992, no. 91 and he/she/they declare(s) the will for the said minor to acquire Italian citizenship.
To this end, he/she/they has/have produced (alternatives: I have acquired and/or I have viewed) the following documents: the minor’s birth certificate; the certificate of foreign citizenship or recognition of stateless status of the minor; the birth certificate of the citizen parent(s) by birth (or the certificate of Italian citizenship by birth of the parent(s)); (if applicable) additional documentation proving that the parents/one of the parents is/are an Italian citizen(s) pursuant to article 3-bis, paragraph 1, letters a), a-bis) or b), of the law of February 5, 1992, no. 91; (if applicable) additional documentation related to the recognition establishing the parent-child relationship (if applicable) documentation proving the capacity of guardian or the condition of sole parent of the minor.
Since what has been stated to me is supported by the aforementioned documents, I have received this declaration.
The documents produced (and/or acquired), bearing my visa, I insert into the volume of annexes to this register.
The declarant(s)…………………………………………….
The Civil Status Officer…………………………………
DAIT – Office I – Office of the Head of Department – Outgoing Protocol – 0012624 of 17/06/2025
ITALIAN REPUBLIC
Ministry of the Interior
DEPARTMENT FOR INTERNAL AND TERRITORIAL AFFAIRS
CENTRAL DIRECTORATE FOR DEMOGRAPHIC SERVICES
ANNEX C
Form 85 – Adapted for the declaration made by an Italian citizen who, having lost Italian citizenship, intends to reacquire it (art. 1-ter, paragraph 1, letter b) of decree-law no. 36/2025, as converted by law no. 74/2025 which has reformulated art. 17 of the law of February 5, 1992, no. 91), to be submitted between July 1, 2025, and December 31, 2027.
Today … before me …, Civil Status Officer of the Municipality of ……………………………………… (indicate if in the capacity of mayor or their substitute or by delegation), has appeared … (indicate full details) who has stated to have lost Italian citizenship before August 15, 1992 (in application of art. 8, no. 1 and no. 2, or of article 12 of law no. 555 of 1912) because of … (specify the reasons for the loss: naturalization in a foreign country, renunciation of citizenship following involuntary acquisition of foreign citizenship, minor children cohabiting with a parent who has lost citizenship) and now declares the will to reacquire it. To this end, he/she has produced (or: and/or I have acquired; or: and/or I have viewed) the following documents (list them: the birth certificate, documents related to the loss of citizenship, etc.). Since what has been stated to me is supported by the aforementioned documents, I have received this declaration. The documents produced (and/or acquired), bearing my visa, I insert into the volume of annexes to this register.
The present act is read to the intervening party, who signs it together with me.
The declarant……………………………………..
The Civil Status Officer…………………………………
DAIT – Office I – Office of the Head of Department – Outgoing Protocol – 0012624 of 17/06/2025
