Italian Citizenship for Children Born After the New Law: A Complete Guide

Wondering how the rules for Italian citizenship for children born after the new law have changed? You’re not alone. The approval of Law 74/2025 on May 24, 2025, has fundamentally altered how Italian citizenship is passed down, especially for parents living abroad. The old system of automatic citizenship by right of blood (jure sanguinis) isn’t gone, but it no longer applies to everyone.

So, what does this mean for you and your family? It all comes down to one simple question: is the Italian parent also a citizen of another country?

This guide will walk you through the two new paths to citizenship. We’ll explain exactly who is affected by the changes and provide a clear, step-by-step plan for those who now need to follow a new, proactive application process, based on official government directives.

The Big Change: It All Depends on Your Citizenship Status

The new law, particularly the updated Art. 3-bis, doesn’t create one new rule, but two separate tracks for children born abroad. The path your child takes depends entirely on the Italian parent’s citizenship status at the time of birth.

Track 1: The Parent is ONLY Italian

If you are an Italian citizen and you do not hold citizenship from any other country, good news: nothing has changed for you. Your child, even if born abroad, is an Italian citizen automatically from birth. The process is the same as it’s always been: you simply need to register your child’s birth at your local Italian consulate.

It’s worth mentioning that this is a jus sanguinis (right of blood) transmission, unlike the “track 2” option described below, which is instead an acquisition “per beneficio di legge” (benefit of law, a new category of citizenship acquisition introduced by the new law). The difference is important for several reasons, the most important of which is that those who acquire citizenship by benefit of the law have strict limitations on their ability to pass on their citizenship to their descendants. We’ll take a closer look at the differences between the various categories of citizenship acquisition in one of our next articles.

Track 2: The Parent is a DUAL Citizen (e.g., Italian-American, Italian-Canadian)

Here is where the new law has a major impact. If a child is born abroad to a parent who holds dual citizenship (for instance, Italian and American) and the child automatically gets the foreign citizenship, the Italian citizenship is no longer automatic.

Parents in this situation must now formally apply for their child’s citizenship. This new process is called “acquisition by benefit of law” (per beneficio di legge). For the many dual citizens living outside of Italy, this is the new reality.

Your 4-Step Plan for Italian Citizenship for Children Born After the New Law (Dual Citizen Parents)

If you’re a dual citizen and your child was born after May 24, 2025, you must follow this new procedure.

Based on the law and guidance from major consulates like the one in New York, the process is clear and must be followed precisely.

Attend in Person: The declaration must be signed by both parents in the presence of a consular officer. This appointment will only be granted after all your documents have been submitted and pre-approved via email.

Request Your Appointment: Contact your consulate’s citizenship office by email or PEC. Use a specific subject line: "Declaration of intent for [Child's Full Name], born after March 27, 2025".

Pay the Required Fee: A €250.00 fee per child is mandatory. This must be paid via wire transfer to the “Ministero dell’Interno” in Italy. The wire receipt is a non-negotiable part of your document package.

Step 1: Meet the Critical One-Year Deadline

This is the most important part of the process. You must make the Declaration of Will within one year of your child’s birth. The starting point for this one-year clock can vary, as clarified by the Ministry of the Interior’s Circular 26185:

• If both parents are Italian citizens and recognize the child at different times, the deadline starts from the first parent’s recognition.
• If one parent is a foreigner and recognizes the child first, the deadline starts from the date the Italian parent officially recognizes the child.

Missing this window means losing the chance to use this specific legal path. Be sure to request your appointment at the consulate well before the expiration of the deadline. As an alternative you can go directly (without appointment) to your AIRE Italian townhall to make the declaration in front of the stato civile clerk there.

Step 2: Gather Your Documents

When you go to your appointment, you’ll need a specific set of documents to support your declaration:

• Your child’s official birth certificate, translated and legalized.
• Proof of your child’s other citizenship (like their U.S. or Canadian passport).
• The Italian parent’s birth certificate or another document proving their own citizenship.
• Your own valid passports.

Step 3: Pay the Application Fee

This process requires the payment of the standard €250 fee for citizenship applications. This fee applies to each child. Importantly, if parents make their declarations at different times, the fee must be paid in full when the second parent makes their declaration, as this is the moment the process is legally completed.

Step 4: The In-Person Declaration and Official Forms

The next thing you need to do is make a formal statement called a “Dichiarazione di Volontà” (Declaration of Will). This isn’t just a form; it’s a legal act you perform in front of a consular officer, officially stating your desire for your child to become Italian.This isn’t something you can do by mail. The government has been very clear that both parents must show up in person at the consulate. You’ll use the official form designated as “Annex A” in Circular 59/2025, which has been prepared specifically for this declaration.

If parents cannot make the declaration at the same time, the legal requirement is considered fulfilled only when the second parent has completed their declaration.

What About the May 31, 2026 Deadline I’ve Heard About?

You can safely ignore it. The May 31, 2026, deadline is a temporary provision for a very specific group of children who were already minors when the law passed. For anyone seeking Italian citizenship for children born after the new law, the only deadline that matters is one year from the child’s birth.

Why the cut-off date is March 27th and not May 23th, since the Law was issued on May 23th?

The converted law is backdated to the Decree-Law’s date in March.

This is a fundamental aspect of the Italian legislative process. Here’s a simple breakdown of how it works and why that is the case:

1. Immediate Effect of the Decree-Law: The “Decreto-Legge” (Decree-Law) No. 36 was issued on March 28, 2025, because the government deemed the changes urgent. It went into effect immediately, the day after its publication.
2. The Role of the Conversion Law: Parliament then had 60 days to review, modify, and permanently approve the Decree-Law. The result of this process is the “Legge di conversione” (Conversion Law) No. 74 of May 23, 2025.
3. Backdating (Retroactivity): The conversion law’s primary function is to make the provisions of the March Decree-Law permanent. In doing so, it validates all the legal effects that the Decree-Law produced from its original date. The law itself explicitly states that the Decree-Law of March 28, 2025, “is converted into law”.

Think of it this way: the March Decree-Law started the clock, and the May Conversion Law confirmed that the clock was set correctly from the beginning.

The clearest evidence is in the text of the new rules. The crucial deadlines for submitting citizenship applications are set for “non oltre le 23:59, ora di Roma, della medesima data” (no later than 11:59 PM, Rome time, of the same date), referring to

March 27, 2025. This confirms that the entire legal framework is anchored to the March date, not the May conversion date.

The Bottom Line: Be Proactive

The new Italian citizenship law demands a shift in mindset. For dual citizens, what was once an automatic right is now a time-sensitive process that requires action. The key is to understand which track you’re on.