A minor born abroad to an Italian citizen parent may be recognized as an Italian citizen if one of the following conditions applies:
Case A1) Parent with exclusive Italian citizenship (Art. 3-bis, paragraph 1, letter c, Law No. 91 of February 5, 1992) (see “Automatic Acquisition of Italian Citizenship”).
Case A2) Grandparent with exclusive Italian citizenship (Art. 3-bis, paragraph 1, letter c, Law No. 91 of February 5, 1992) (see “Automatic Acquisition of Italian Citizenship”).
Case B) Parent who resided in Italy for at least two consecutive years prior to the minor’s birth (Art. 3-bis, paragraph 1, letter d, Law No. 91 of February 5, 1992) (see “Automatic Acquisition of Italian Citizenship”).
Case C) Minor who does not fall under the previous categories, but whose parent is an Italian citizen by birth (Art. 4, paragraph 1-bis, letter b, Law No. 91 of February 5, 1992) (see “Acquisition of Italian Citizenship by Benefit of Law”).
The legislative amendments introduced by Decree-Law No. 36 of March 28, 2025, as converted into Law No. 74 of May 23, 2025, introduce significant limitations on the transmission of Italian citizenship. As a result, the recognition of Italian citizenship for a minor born abroad to an Italian citizen parent is allowed only if the minor falls into one of the categories listed above. These limitations also directly affect the registration (transcription) of birth certificates of minors born abroad to Italian citizens.
Automatic Acquisition of Italian Citizenship
A minor born abroad to Italian parents automatically acquires Italian citizenship if, at the time of birth, one of the following conditions applies:
Case A1) Parent with Exclusive Italian Citizenship (Art. 3-bis, paragraph 1, letter c, Law No. 91 of February 5, 1992)
- On the date of the minor’s birth, one parent held only Italian citizenship.
- Official documentation must be provided demonstrating unequivocally the absence of any other citizenship.
- Proof must include certificates issued by the authorities of all countries where the ancestor has lived. Self-declarations are not accepted.
Required documentation
- Application for registration of the birth certificate, completed and dated by the Italian citizen parent concerned and signed by both parents;
- Original birth certificate of the minor, duly apostilled (or legalized, for countries not party to the Hague Apostille Convention).
U.S. birth certificates must always be in extended (Long Form) format, indicating the exact place of birth, date or age, and place of birth of the parents, according to the issuing State’s standards; - Typed Italian translation of the certificate, complete and faithful to the original, with dates in day/month/year format (list of translators);
- Copy of the valid passports of both parents (photo, personal data, and signature page only) and of any foreign passport of the minor, if held;
- Historical residence certificate of the parent, issued by the competent Italian Municipality (last municipality of residence in Italy or AIRE registration).
If periods of residence abroad are indicated, certificates of non-naturalization (or non-citizenship, renunciation of citizenship, or valid green card) must be provided for each foreign country where the applicant lived.
If the applicant’s spouse has a different citizenship, proof must be provided that the applicant never acquired that citizenship through marriage; - Prepaid, self-addressed USPS envelope for the possible return of incomplete or incorrect documentation.
Case A2) Grandparent with Exclusive Italian Citizenship (Art. 3-bis, paragraph 1, letter c, Law No. 91 of February 5, 1992)
- On the date of the minor’s birth, a grandparent held (or, if deceased, held at the time of death) only Italian citizenship.
- Official documentation must be provided demonstrating unequivocally the absence of any other citizenship.
- Proof must include certificates issued by the authorities of all countries where the ancestor lived. Self-declarations are not accepted.
Required documentation
- Application for registration of the birth certificate, completed and dated by the Italian citizen parent concerned and signed by both parents;
- Original birth certificate of the minor, duly apostilled (or legalized, where applicable), in Long Form for U.S. certificates;
- Typed Italian translation of the certificate, complete and faithful to the original, with dates in day/month/year format (list of translators);
- Copy of the valid passports of both parents and of any foreign passport of the minor, if held;
- Historical residence certificate of the grandparent, issued by the competent Italian Municipality.
If periods of residence abroad are indicated, certificates of non-naturalization (or equivalent) must be provided for each foreign country where the grandparent lived.
If the grandparent’s spouse had a different citizenship, proof must be provided that the grandparent never acquired that citizenship through marriage; - Prepaid, self-addressed USPS envelope for possible return of incomplete or incorrect documentation.
Case B) Parent Who Resided in Italy for at Least Two Years Prior to the Minor’s Birth (Art. 3-bis, paragraph 1, letter d, Law No. 91 of February 5, 1992)
- The Italian citizen parent resided in Italy for at least two consecutive years, after acquiring Italian citizenship and before the child’s birth.
- Residence prior to the acquisition of Italian citizenship, or residence of the foreign parent, does not count.
- Proof must be provided through official documentation; self-declarations are not accepted.
Required documentation
- Application for registration of the birth certificate, completed and dated by the Italian citizen parent concerned and signed by both parents;
- Original birth certificate of the minor, duly apostilled (or legalized), in Long Form for U.S. certificates;
- Typed Italian translation of the certificate, complete and faithful to the original, with dates in day/month/year format (list of translators);
- Copy of the valid passports of both parents and of any foreign passport of the minor, if held;
- Certificate of citizenship of the Italian parent, indicating place, date, and method of acquisition of Italian citizenship, issued by the competent Italian Municipality within six months prior to the application;
- Historical residence certificate issued by one or more Italian municipalities, showing that the parent resided in Italy for two consecutive years before the minor’s birth and after acquiring citizenship;
- Prepaid, self-addressed USPS envelope for possible return of incomplete or incorrect documentation.
Note: Residence in Italy before acquiring Italian citizenship is not relevant.
Acquisition of Italian Citizenship by Benefit of Law
Case C) Minor Not Falling Under the Previous Categories, with a Parent Who Is an Italian Citizen by Birth (Art. 4, paragraph 1-bis, letter b, Law No. 91 of February 5, 1992)
- At least one parent must be an Italian citizen by birth.
Parents who acquired Italian citizenship by naturalization, marriage, benefit of law, or iuris communicatione are excluded. - Both parents (including the foreign parent) or the legal guardian must submit a declaration of intent within three years of the child’s birth or from the date filiation/adoption is established during minority.
- The minor acquires Italian citizenship from the day following the declaration, not from birth.
- Upon reaching adulthood, the individual may renounce Italian citizenship if in possession of another citizenship.
Required documentation
The Italian parent must prove citizenship from birth by submitting the following to the Consulate General:
- Application for registration of the birth certificate, completed and dated by the Italian citizen parent concerned and signed by both parents;
- Valid Italian identity document (passport or ID card);
- Birth certificate and certificate of citizenship issued by the competent Italian Municipality within six months, explicitly stating possession of Italian citizenship from birth;
- Original birth certificate of the minor, duly apostilled (or legalized), in Long Form for U.S. certificates;
- Recent proof of address (no older than three months: utility bill, driver’s license, or bank statement);
- Copy of the valid passports of both parents and of any foreign passport of the minor, if held.
Note: All documentation must first be sent in PDF format to the Consulate General for compliance verification. Once approved, an appointment will be scheduled to submit the formal declaration of intent. All documents must be presented in original on the day of the appointment.
Declaration of Intent
- Must be made in person at the Consulate before a civil status officer, within three years from the child’s birth (or before May 31, 2026);
- If parents do not declare jointly, the date of the second declaration applies;
- If only one parent exists or the other parent is deceased, a single declaration is sufficient, supported by documentation.
- The declaration will be issued free of charge.
Transitional Provision
(Art. 1, paragraph 1-ter, Decree-Law 36/2025)
The new law includes a transitional provision allowing Italian parents by birth who did not submit a citizenship application within three years of the child’s birth to do so by May 31, 2026, provided that the child was still a minor on May 24, 2025.
If the child reached adulthood after May 24, 2025, the child must personally submit the declaration of intent for citizenship acquisition by May 31, 2026.
Practical Information
Long-Form Birth Certificate (USA)
- Must be requested from the Department of Health of the State of birth;
- Must include city/country of birth, parents’ names, and dates of birth;
- Certificates indicating only the county are not accepted.
Apostille
- Must be obtained from the Secretary of State of the issuing State;
- The apostille does not need to be translated.
Translations
- Must be complete, faithful, typed, and without unit conversions;
- May be prepared by the applicant or by an external translator (list available on the Consulate’s website).
Submission of Documentation
- All original documentation must be sent by regular mail to:
Consulate General of Italy in Boston – Civil Registry Office
600 Atlantic Avenue, Boston, MA 02210 - Original documents cannot be returned;
- Due to the volume of requests, the office cannot confirm receipt. Applicants are advised to use mail services with tracking or delivery confirmation.
Additional Information
- For verification of registration, contact the competent Italian Municipality directly;
- For Italian passport applications, consult the PASSPORTS section of the website.
Special Cases
Children Born Out of Wedlock
- Submit an Affidavit of Parentage (or equivalent), apostilled and translated;
- Alternatively, both parents may sign a declaration of parentage at the Consulate, in the presence of the minor.
Surrogacy
- Under Law No. 169/2024, surrogacy carried out by Italian citizens is a criminal offense prosecutable even if performed abroad;
- Consular authorities receiving a suspicious birth certificate are required to report it to the competent Italian Prosecutor’s Office.
For all questions relating to this matter, please write an email to statocivile.boston@esteri.it.