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.
Passing Italian Citizenship by Descent
Italian citizenship can still pass automatically to children in the following situations:
- If a parent (including an adoptive parent) or grandparent holds (or held until death) only Italian citizenship, or
- If a parent with dual or multiple citizenship has resided in Italy for at least two continuous years before the child’s birth or adoption.
Citizenship by “Benefit of Law”
If these conditions are not satisfied, a child may still acquire Italian citizenship by what the law calls beneficio di legge (“benefit of law”). This requires a declaration at the Consulate and the payment of a €250 fee.
The rules differ depending on the child’s age:
- Within one year of birth
Both parents (the Italian citizen and the foreign parent) must attend the Consulate with the required documents before the child’s first birthday. - Between 1 and 17 years of age
Under a transitional rule valid until May 31, 2026, both parents may still register the child, provided they appear in person at the Consulate. - If the child is now an adult (as of May 24, 2025)
The adult child may personally attend the Consulate to sign the declaration and submit documents. This transitional rule is also valid until May 31, 2026.
Practical Notes and Cautions
- The Italian office may refuse to register the birth of a child born within marriage if the parents’ marriage itself has not yet been registered. For this reason, parents should submit marriage registration documents together with the child’s birth documents.
- For the birth registration of adopted minors, a separate procedure applies, and families should always consult the Consular Office directly.
Do These Rules Really Apply?
While Law 74/2025 is formally in force, many of its provisions are under serious legal and constitutional scrutiny. Some of the restrictions described above are already being challenged before the courts, and their validity remains disputed.
You can read more about the critical legal issues raised by these new rules in my article here.
This article aims to provide clear guidance on the steps required today to register your child as an Italian citizen, while also highlighting the uncertainties surrounding the new law. Families should remain attentive to both the practical procedures at Consulates and the evolving legal landscape in Italy.
I remain at your side to monitor every step closely and to discuss any options that may help you and your family look ahead to a secure future in Italy, should you wish to do so.
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