A new legal framework on Italian citizenship by descent (cittadinanza iure sanguinis) came into effect on March 28, 2025, with the enactment of Law no. 74/2025. This law represents one of the most significant changes in recent decades: it introduces substantial restrictions on who may qualify as an Italian citizen by descent, especially for children born abroad.
Even if you already hold Italian citizenship, having it officially recognized for your children is no longer automatic. For many families, it has become a complex—and at times impossible—process. The new law applies both to children you already have and to those born in the future.
The Importance of Birth Registration
Italian citizenship of a newborn is only recognized after the birth has been registered with the competent Consular Office. Without this registration, the child is not considered an Italian citizen, even if you as a parent are one.
Why You Must Register Your Child’s Birth in Italy
If you are an Italian citizen and your child is born abroad, you are required by law to notify the Italian authorities of the birth.
Italian civil-status law (Presidential Decree 396/2000) states that:
Any birth certificate issued abroad must be sent to Italy so it can be registered in the Civil Registry (stato civile) of the Italian municipality.
Registration is not optional — it is a legal obligation for Italian citizens.
Without this registration, Italy does not recognize the birth for legal purposes, including citizenship.
How the Birth Registration Works
The birth certificate can be sent to Italy in two ways:
Through the Italian Consulate, or
Directly by the parents to the Italian municipality.
In both cases, the birth certificate must:
Be legalized or apostilled (depending on the country), and
Be translated into Italian (certified translation).
The Consulate acts as the civil-registry office for Italians who live abroad. Its role is simply to check the documents and forward them to the municipality.
Once the Italian municipality records the birth, the child’s birth becomes part of Italy’s civil registry.
The Traditional Rule: Citizenship at Birth
Italian citizenship is based on the principle of ius sanguinis (citizenship by bloodline).
Under Article 1 of Law 91/1992:
A child is an Italian citizen if at least one parent is Italian.
Historically, this meant that citizenship was automatic from birth — registration was simply a way to let Italy know the child had been born.
What Changed in 2025
In March 2025, Italy introduced a major reform on citizenship (Law Decree 36/2025 & Law 74/2025).
For the first time, automatic citizenship at birth is no longer granted in every case.
The reform:
Limits the automatic recognition of citizenship “by birth” to those born in Italy or who are children/grandchildren of parent(s)/grandparent(s) who exclusively hold the Italian citizenship.
Applies new rules retroactively — even to children who already were born and not only for those born after March 2025.
Because of these new limits, most children born abroad who would have been Italian citizens under the old law no longer qualify automatically.
Multiple courts in Italy have questioned whether these restrictions are constitutional and should be upheld or not.
Cases that Require a Declaration
A new rule (Article 4, paragraph 1-bis of Law 91/1992) introduces a second path:
Children may obtain citizenship only if parents makes a formal declaration at the Consulate within specific deadlines.
This declaration must be done:
Within one year from birth, or
For children already born by 28 May 2025, the deadline for this declaration is May 31, 2026.
If the declaration is not made within the deadline, the chance to obtain citizenship may be lost permanently.
Citizenship acquired by this declaration has effect from the date of the parents’ declaration — not from birth.
Two Categories of Children
The reform creates two different situations:
| Category | What happens |
|---|---|
| Automatic citizenship | Applies only if the parent meets all the new requirements (e.g., Italian-only citizenship, or residence in Italy before birth). |
| Citizenship by declaration | A bureaucratic process, limited to strict deadlines and dependent on Consulate appointments. |
This means that two children with an Italian parent may be treated differently based on factors outside their control, such as:
The parent’s dual citizenship,
Whether the parent lived in Italy before the birth,
Whether a Consulate appointment is available in time.
What This Means for Parents
Even if you are an Italian citizen:
Your child is not automatically recognized as Italian.
Registration is mandatory, but may not be enough.
In some cases, you must make a declaration at the Consulate within a fixed deadline.
Failing to act in time can mean the permanent loss of the right to citizenship.
The new law introduces limits that are much broader than most parents expect.
Many children born abroad to Italian citizens — even when both parents are Italian — may no longer qualify for automatic citizenship or may be unable to obtain it through the declaration procedure if deadlines or requirements are not met.
If you are in this situation, the most important step is to verify your child’s eligibility under the new rules.
If your child still qualifies, follow the required steps immediately: register the birth and, if needed, make the declaration at the Consulate within the legal deadlines.
If instead your child is excluded by the new law, you are not without options.
In many cases, the only solution may be to challenge the refusal and request recognition of citizenship through a legal action in Italy. Outcomes will depend on your specific situation — for example, whether the exclusion violates the constitutional principles currently being examined by the courts.
The key message is:
➡️ Do not assume exclusion means the end of the road.
➡️ Get a legal assessment based on your family’s documents and timeline.
Key Takeaways
Parents must register the child’s birth with the Italian authorities.
Some children now receive citizenship automatically, others only through a declaration.
Missing deadlines may have irreversible consequences.
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