Legal Framework
With Law No. 74 of May 23, 2025 (conversion, with modifications, of Decree-Law No. 36 of March 28, 2025), significant restrictions on the transmission of Italian citizenship have been introduced.
These restrictions directly affect the transcription of birth certificates of minors born abroad to Italian citizens.
Automatic Acquisition of Italian Citizenship
A minor born abroad to Italian parents is considered an automatic Italian citizen if, at the time of birth, at least one of the following conditions applies:
-
Ascendants holding only Italian citizenship
-
At the time of the minor’s birth, a parent or grandparent held (or, if deceased, held at the time of death) solely Italian citizenship.
-
Official documentation proving beyond any doubt the absence of other citizenships must be submitted.
-
This includes certificates issued by the authorities of all countries where the ascendant resided. Self-declarations are not accepted.
-
-
Residence in Italy of the Italian parent
-
The Italian parent resided in Italy for at least two consecutive years after acquiring Italian citizenship and before the child’s birth.
- Residency prior to the acquisition of Italian citizenship, or residency of the foreign parent, is irrelevant.
-
Proof must be official and documentary: self-declarations are not accepted.
-
Required documentation
To prove exclusive citizenship, the Italian parent registered with AIRE (the “applicant”) must present the following documents to the Consulate General:
- Historical Certificate of Residence (their own, if the Italian citizen has exclusive citizenship, or – if the citizen has dual citizenship – the historical residence certificate of the parent, i.e. the grandparent of the minor), issued by the relevant Italian municipality (last place of residence in Italy or of AIRE registration);
- If the historical certificate (of the applicant or their parents) shows periods of residence abroad, Non-naturalization Certificates must be provided for each foreign country in which they lived;
- If the spouse of the applicant or of the applicant’s parent (i.e., the minor’s Italian grandparent) held a different citizenship, it must be proven that the applicant or their parents never acquired that citizenship through marriage.
To prove the two-years residence, the required documentation includes:
- Certificate of Citizenship issued by the relevant Italian municipality (last municipality of residence in Italy or AIRE registration), dated no more than six months before the date of the request for birth registration, including the date of acquisition of citizenship;
- Historical Certificate of Residence issued by the same Italian municipality.
Note: Residence in Italy before acquiring Italian citizenship does not count for the purposes of this requirement.
Once all the documentation has been collected, the applicant must submit to this Consulate General – along with the documents mentioned above (according to one of the two cases) – the birth registration request form (Trascrizione nascita), completed and signed by both parents of the minor, along with valid ID copies for each.
Acquisition of Citizenship by Benefit of Law
If the above requirements are not met, a minor born abroad may acquire Italian citizenship by benefit of law.
Conditions:
-
At least one parent must be an Italian citizen iure sanguinis.
-
Excluded are parents who acquired citizenship by naturalization, by marriage, by benefit of law, or iuris communicatione.
-
-
Both parents (including the foreign one) or the legal guardian must submit a declaration of will within one year of the child’s birth, or within one year of the date when parentage (including adoption) is legally established during the child’s minority.
📌 Important note
-
In this case, the minor becomes an Italian citizen the day after the declaration is made at the Consulate (not from birth).
-
Upon reaching adulthood, the individual may renounce Italian citizenship if he/she holds another citizenship.
Transitional Provision (Art. 1, para. 1-ter of Decree-Law No. 36/2025)
The new law also includes a transitional provision that allows Italian parents by birth, who did not submit the citizenship request within one year of their child’s birth, to do so by May 31, 2026, provided that the child was still a minor as of May 24, 2025.
If the child became 18 after May 24, 2025, they may personally submit the declaration of intent to acquire citizenship by the same deadline: May 31, 2026.
Declaration of Will
-
Must be formally made in person at the Consulate before a civil status officer.
-
If the parents do not appear together, the date of the second parent’s declaration is considered.
-
If parentage is established with only one parent (or if the other is deceased), the declaration of the sole parent is sufficient, with appropriate documentary proof.
Required documentation
- A valid Italian identity document (passport or ID card);
- A Citizenship Certificate issued by the competent Italian municipality, dated no more than six months prior to the date of the request for transcription of the child’s birth, explicitly stating possession of Italian citizenship from birth.
The request must be accompanied by the following documentation in order to proceed with the registration:
- Birth certificate and Italian citizenship certificate of at least one parent, explicitly stating citizenship since birth;
- Full birth certificate of the minor issued by the competent authorities, with Apostille and translation;
- Recent proof of address (no older than three months): utility bill, driver’s license, or bank statement;
- Passports of both parents and the minor;
- Proof of payment of the €250 fee. This fee cannot be paid at the Consulate General and must be paid via bank transfer only.
All documentation must first be submitted in PDF format to this Consulate General for compliance review. An appointment will then be scheduled for the applicant to make the formal declaration of intent at the Consulate General.
On the day of the appointment, all original documents must be submitted.
Payment
Beneficiary: Ministero dell’Interno – D.L.C.I. – Cittadinanza
Address: Via Cavour 6, 00184 Rome
IBAN: IT54D0760103200000000809020
BIC/SWIFT: BPPIITRRXXX
Bank: Poste Italiane S.p.A.
Reason for payment (causale): Acquisto cittadinanza ex art. 9-bis L. 91/1992 – Child’s First and Last Name
Practical Information
Long Form Birth Certificate (U.S.)
-
Must be requested from the Department of Health of the State of birth.
-
Must indicate city/country of birth (not just the county).
-
Must include parents’ names and dates of birth (or ages at child’s birth).
Apostille
-
To be requested from the Secretary of State of the issuing State.
-
Apostilles must not be translated.
Translations
-
Must be complete, faithful, typed, and follow the order of the original.
-
No conversions of measures or formats allowed.
-
Can be prepared by the applicant or by a professional translator (a list is available on the Consulate’s website; translators are not employees of the Consulate and fees/quality are not the Consulate’s responsibility).
Submission of Documentation
-
All original documents must be sent by regular mail to:
Consulate General of Italy in Boston
Attn: Ufficio di Stato Civile
600 Atlantic Avenue
Boston, MA 02210
-
Original documents submitted cannot be returned.
Special Cases
Children Born Out of Wedlock
-
Parents must submit an “Affidavit of Parentage” or “Voluntary Acknowledgement of Paternity” (or equivalent) issued by the Department of Health of the State of birth.
-
The document must bear an apostille and Italian translation.
-
Alternatively, both parents may sign a parentage declaration before the Consular officer. In this case, both parents and the child must be present in person with all required documentation.
Surrogacy
-
Since December 3, 2024, pursuant to Law No. 169 of November 4, 2024, surrogacy committed by an Italian citizen is a criminal offense also if carried out abroad, regardless of local legality.
-
Under art. 38, para. 1, Legislative Decree No. 71/2011, if a Consular authority receives a birth certificate indicating, or reasonably suggesting, surrogacy, it is obliged to notify the competent Italian judicial authority when transmitting the act to the Italian Municipality.