Mandatory Requirements Before registering the birth of a minor, the following must have already been registered:
- Marriage of the parents.
- Any previous divorce and marriage.
- The “Ufficio di Stato Civile” must be informed if the minor has been adopted, in order to ensure the correct registration and update of the records.
A minor born abroad to an Italian citizen can 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 February 5, 1992, n. 91) (see “Automatic acquisition of Italian citizenship“).
Case A2) Grandparent with exclusive Italian citizenship: (Art. 3-bis, paragraph 1, letter c Law February 5, 1992, n. 91) (see “Automatic acquisition of Italian citizenship“).
Case B) Parent who resided in Italy for at least two consecutive years before the birth of the minor (Art. 3-bis, paragraph 1, letter d Law February 5, 1992, n. 91) (see “Automatic acquisition of Italian citizenship“).
Case C) Minor not falling into the previous categories, but whose parent is an Italian citizen by birth (Art. 4, paragraph 1-bis, letter b Law February 5, 1992, n. 91) (see “Acquisition of Italian citizenship by law benefit“).
The regulatory changes introduced by “decreto-legge n. 36” of March 28, 2025 (converted by Law n. 74 of May 23, 2025) introduce important limitations on the transmission of Italian citizenship. They allow the recognition of Italian citizenship to a minor born abroad only if they fall into one of the categories listed above. These limitations also directly affect the “trascrizione” (registration) of birth certificates for minors born abroad to Italian citizens.
Practical Information
- Certificates issued by the competent Italian “Comune” (last Municipality of residence in Italy or “AIRE” registration) must have a validity of no more than six months before the date of the request for birth registration.
- For certificates not formed within the consular jurisdiction of the “Consolato Generale d’Italia di Boston”, it is recommended to always verify the correctness of the documentation with the competent Italian Consulate for that territory.
Birth Certificate “Long Form” (USA)
- Request it from the Department of Health of the State of birth.
- It must report the city/country of birth, parents, and dates of birth.
- Certificates listing only the county are not accepted.
“Apostille”
- Must be requested from the Secretary of State of the State that issued the certificate (informations).
- The “apostille” does not need to be translated.
Translations
- Must be integral, faithful, typewritten, and without unit conversions.
- The translation can be done by the applicant; if done by a translator, it must be appropriately notarized and “apostillata” (or legalized if the birth occurred outside the USA). A list of translators is available on the Consulate website.
Surrogacy Notice:
- Under Law n. 169/2024, “surrogazione di maternità” by Italian citizens is a crime prosecutable even if committed abroad.
- The consular authority receiving a suspicious birth certificate is obliged to report it to the competent Italian “Procura”.
N.B. Documentation for both automatic acquisition and law benefit must be sent in original EXCLUSIVELY BY MAIL to:
Consulate General of Italy in Boston
Ufficio di Stato Civile
600 Atlantic Avenue, Boston MA 02210
Due to the volume of requests, the office cannot confirm receipt. It is suggested to use shipping services with a “Tracking Number”.
For more informations: statocivile.boston@esteri.it
Other Information
- To verify the “trascrizione” (registration) of the birth, please contact the competent Italian “Comune” directly (last Municipality of residence in Italy or “AIRE” registration).
- To apply for an Italian passport, please consult the specific “PASSAPORTI” (PASSAPORTS) section of the website.
Information and forms: