Italian Citizenship for minors: What changed with the new reform?
Italian citizenship is primarily regulated by Law No. 91 of 1992, which sets out the rules for acquiring, transmitting, and losing citizenship. One of the most important routes is citizenship by descent (jure sanguinis), which allows individuals of Italian ancestry to claim citizenship through their family line.
Before the 2025 reform
Prior to the entry into force of Law No. 74/2025, a minor could obtain Italian citizenship by descent if they could prove that they were the child, grandchild or descendant of an Italian citizen who had not lost their citizenship before the birth of the next person in the lineage. In this sense the rules for acquiring citizenship by descent were relatively inclusive.
After the 2025 Reform
With the entry into force of Law No. 74/2025, the process has become significantly more restrictive.
The new law introduced a set of stricter eligibility criteria for citizenship by descent, narrowing access primarily to:
- Individuals with an Italian parent or grandparent who was never naturalized, or
- Individuals whose Italian parent resided in Italy for at least two years prior to their birth.
This change has a particular impact on minors. Under the new rules, a child born abroad to Italian descendants may no longer automatically qualify for recognition iure sanguinis—even if they would have under the previous system.
However, a specific set of provisions has been reserved for minors, allowing them to acquire citizenship by benefit of the law.
According to Article 4 of the L. 91/1992, Italian by birth parents may choose to declare their intent to pass Italian citizenship to the child before an Italian administrative authority or consulate:
- If it is made within one year of the child’s birth the child becomes an Italian citizen starting from the day of the declaration.
- If it is made later on, minors may acquire citizenship after residing in Italy for at least two continuous years.
A special window for those who were still minors until May 24th, 2025.
Under the new decree, until May 31st, 2026, they may acquire Italian citizenship by simply submitting the declaration—without the need to live in Italy for two years—provided that a parent had either obtained citizenship or initiated the process before the new law came into force.
In such cases, the minor is recognized as an Italian citizen not from the date of birth, but from the date the declaration is made.
What happens if the minor doesn't meet the criteria?
For those who do not meet the new eligibility criteria—especially minors whose ancestors are more distant—there remains the judicial route, which allows for a legal challenge based on arguments of constitutional principles, such as equality, family unity, and legitimate expectation.
Below some of the key constitutional legitimacy concerns.
- Violation of the Principle of Equality (Article 3 of the Constitution): the arbitrary distinction based on generations constitutes a form of discrimination. There is no valid legal basis for excluding third-generation or later descendants from citizenship recognition.
- Violation of the Right to Citizenship as a Fundamental Status (Article 22 of the Constitution): citizenship is a fundamental legal status. Arbitrary limitations on this right may represent undue interference by the State in a constitutionally protected personal right.
- Violation of Family and Descent Principles (Article 29 of the Constitution): the Italian Constitution protects the natural rights of the family, including the right to maintain legal and familial identity across generations.
- Violation of the Principle of Non-Retroactivity and Legitimate Expectations (Article 11 of the Preliminary Provisions and Article 25 of the Constitution): applying the new law retroactively to those who had not initiated the citizenship process before March 27, 2025, undermines legal certainty and legitimate expectations. Denying citizenship to individuals born before that date—who would have been considered Italian under the previous law simply by being born to Italian descendants—represents a clear violation of these principles.
Required Documentation
The application process requires gathering several vital records to prove your eligibility. These typically include:
- Original of the child’s birth;
- Copy of the minor’s passport;
- Copy of the identity documents of both parents;
- Original of the parents’ marriage certificate;
- Original of the Italian parent’s birth certificate (or certificate of Italian citizenship by birth of the parent);
- Proof of residence in the district for which the requested authority is responsible;
- Receipt of the payment of € 250.00.
All non-Italian documents must be apostilled and translated into Italian by a certified translator.
Apostille is an international certification confirming the authenticity of a foreign document.
The Application Process
- Gather Documentation: Collect all necessary records from both Italy and the countries where your ancestors lived. Please review the list mentioned in the 'Required Documentation' paragraph.
- Submit Your Application
- At the Italian Consulate in your country of residence.
- At a Municipality (comune) in Italy if you reside there.
- At an Italian Court.
- Pay Application Fees: Administrative fees apply depending on the authority handling your application.
- Wait for Processing: Depending on where you apply, processing times can range from several months to a few years. Consulates generally have longer wait times compared to applications processed in Italy.
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.
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