Italian citizenship for minors: everything you need to know
If you have acquired Italian citizenship by descent and have a minor child, you should know that your child can acquire Italian citizenship by benefit of law or by descent. The law was recently amended by the reform that came into force in March 2025, which affected both citizenship by descent and citizenship by benefit of law.
Acquisition of citizenship by benefit of law
A specific set of provisions in the new law (Law No. 74/2025) has been reserved for minors, allowing them to acquire citizenship by benefit of law.
According to the new Article 4 of Law 91/1992, parents who are Italian by birth or descent (not by residence or marriage) may declare their intention to pass on Italian citizenship to their child before an administrative authority (the Italian consulate if they reside abroad or the Italian municipality if they reside in Italy). This declaration can be made if:
- The child is under three years of age at the time of the declaration.
- The child is over three years of age but, after the parents' declaration, resides in Italy for at least two consecutive years.
A special window
Under the new law, parents can declare the transfer of Italian citizenship to their minor children even after the child has reached the age of three and without the need to live in Italy for two years, simply by submitting the declaration to the competent administrative authority (consulate or municipality), provided that the declaration is made by 31 May 2026.
In any case, minors who acquire citizenship through their parents' declaration are recognized as Italian citizens not from their date of birth, but from the date on which the declaration is made. This means that minors are Italian citizens not by birth, but by benefit of the law, and therefore cannot pass on citizenship to their own children.
Required Documentation and Application Process
The precise list of documents with the relevant apostilles and sworn translations can be found on the website of the relevant consulate, which also indicates the exact procedure to follow to submit your application.
If you reside in Italy and wish to make the declaration to the municipality, contact your Italian municipality of residence.
Acquisition of Citizenship by Descent
Alternatively, minors who have Italian ancestry may apply for Italian citizenship by descent. The Law No. 74/2025 introduced a series of stricter eligibility criteria for citizenship by descent, restricting access mainly to:
- Individuals with an Italian parent or grandparent who has never been naturalized, or
- Individuals whose Italian parent resided in Italy for at least two years prior to the birth of the child.
If the minor (not resident in Italy) is over three years of age and the parent is unable to make the declaration by 31 May 2026 and the eligibility criteria of the new law are not met, legal action remains an option. It is possible to take legal action by arguing that the new law is unconstitutional.
If you would like to learn more about why the new law is unconstitutional and the procedure for applying for citizenship by descent, read the article on citizenship by descent (link here).
How AcrossBoundaries Can Support You
Navigating the legal landscape created by the new law on Italian citizenship can be difficult.
That's where AcrossBoundaries comes in. We are a team of dual citizenship lawyers working directly with the Italian Court, which allows our customers to avoid delays at consulates and obtain Italian citizenship within one year.
Our services include:
- Personalized Assistance: We tailor our services to your specific needs, ensuring a smooth and effortless process.
- Seamless Online Process: Benefit from our fully digital services, ensuring all documentation is managed online for a streamlined and hassle-free experience.
- Efficient Scheduling: We optimize your application timeline to ensure a smooth and timely process.
- Full Ownership of Your Application Process: We provide comprehensive support, handling every aspect of your application from start to finish.
- Collaboration with the Italian Court: If needed, we involve the Italian Court at no additional cost to ensure the successful acquisition of Italian citizenship.
- Meticulous Documentation: We prepare and submit all required documents, ensuring they meet the strict requirements.
Conclusion
Reconnecting with your Italian roots through citizenship is a meaningful and rewarding process. While Law No. 74/2025 has made eligibility more restrictive, many still qualify—especially through recent generations. If you believe you're eligible, now is the time to act. With AcrossBoundaries guiding your journey, the path to Italian and EU citizenship is within reach.
Contact Us
Obtaining Italian citizenship is a complex process that can require a significant time investment, and mistakes or incomplete paperwork could jeopardize your application. If you have any doubts or questions about the Italian citizenship by descent application, BOOK A 100% FREE CONSULTATION TODAY.
We’re here to guide you every step of the way.
Article written on February 3rd 2026
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