The 2025 Citizenship Reform and the Birth Registration Trap for New Babies of Italians Abroad

Italian parents abroad keep asking me the same question: “Our first child was recognised as Italian without any issue. Why is our second child suddenly not Italian at birth? Why do we now need a declaration, a new procedure and a 250-euro fee?”

If you are wondering the same thing, you’re not alone. Since Law 74/2025 came into force, families all over the world are discovering that two children born in the same household, with the same parents and the same documents, can now fall under two completely different legal regimes.
Here is the reason.

Before the reform, a child born abroad to an Italian parent was usually recognised as Italian by descent. The consulate registered the birth, checked the lineage, and issued the passport. Simple, predictable, familiar.
From May 2025 onward, that logic changed. The new Article 3-bis states that a child born abroad who acquires another citizenship at birth is no longer considered Italian automatically. It doesn’t matter that the older sibling was recognised. It doesn’t matter that the parents are Italian. The key moment is the birth date.

Children born before the reform fall under the old rules; those born after fall under the new system.

This is why many families now find themselves with two children treated differently: the first recognised as Italian from birth, the second required to follow the new acquisition procedure. The declaration of will exists for this exact scenario. If submitted within one year of birth, it allows the child to acquire Italian citizenship by operation of law. It is not automatic, it is not retroactive, and it comes with a statutory fee of 250 euros set by the Ministry of the Interior.

No one explains this clearly at first glance, so it often feels arbitrary and unfair. But it is the direct consequence of the reform: Italy now requires an active step to confirm the citizenship of children born abroad who acquire another nationality at birth.

In this article, I explain what has changed, why the place of birth now carries so much weight, and what Italian parents abroad need to know when a child is born outside Italy. The perspective is practical, drawn from the cases I handle every day: parents who learn that citizenship is still automatic in certain situations, others who are told that the consulate must refuse transcription, and many who discover that only a very narrow set of exceptions still allows citizenship at birth. I also describe how the new declaration procedure for minors works and why the legal outcome for a child born abroad can be completely different from that of a child born in Italy.

If you’re facing this situation and you are unsure which rules apply to your family, or if you want to avoid mistakes that could complicate your child’s status later on, reach out, I can guide you through the exact steps needed for your case.

Italian Parents Abroad and the New Citizenship Rules No One Expected

I have worked with Italian citizenship, civil-status registrations and passport procedures for many years. I follow families through recognitions, transcriptions, sworn translations and the delicate process of obtaining their children’s first Italian passport abroad. It is a field where clarity matters, because every step depends on precise rules and the correct interpretation of the law.

I am used to complex cases, tight deadlines, consular bottlenecks, and the usual confusion that surrounds international procedures. Yet since March 2025, clarity has become the exception.

From one week to the next, I started receiving messages from Italian families abroad who were confused, worried, and in some cases genuinely frightened. Parents who had filed a routine request to register the birth of their child suddenly found themselves facing unexpected questions, new rules, and in many cases a blunt refusal to transcribe the birth certificate.

Most of them had no idea why.

If you are the descendant of Italian immigrants and now live abroad with your own family, you will likely have heard — perhaps with some concern — about the new Law on Italian citizenship. It is the reform that has reshaped the transmission of Italian citizenship in a way that Italian families overseas have never experienced before.

The reform introduced in 2025 through Law 74/2025 and the new Article 3-bis has turned the whole system of transmitting Italian citizenship to children born abroad on its head. Overnight, thousands of Italians living outside the country have found themselves dealing with rules that are new, restrictive and often unclear, and many families are still trying to understand what these changes mean for their children.

In May 2025, Italy introduced a new Article 3-bis into Law 91/1992, tightening the rules on jure sanguinis for children born outside the country. The change is substantial: a child born abroad to an Italian parent is no longer automatically recognised as Italian if they acquire another nationality at birth. What was once an immediate entitlement now depends on specific legal conditions, aimed at ensuring not only a genealogical link to Italy but a demonstrable personal or territorial connection as well.

For many Italian families abroad, this marks a point of rupture. The certainty with which citizenship was passed on for generations has been replaced by a more conditional framework, one that requires families to verify requirements, examine exceptions, and in many cases take formal steps that were never necessary before.

A Reform That Divides Families and Raises Legal Questions

The reform introduced by Law 74/2025 continues to generate sharp debate across legal circles, political institutions and Italian communities abroad. The concerns are not marginal. Many commentators point out that the reform seems to disregard the principle of non-retroactivity, disrupts the legitimate expectations of those who relied on the previous rules, and fractures the unity of citizenship within the same family, creating situations in which a parent recognised as Italian cannot transmit that status to a child born abroad. It also lacks any meaningful transitional framework that would have allowed families a reasonable period to safeguard rights grounded in the earlier legislation.

What emerges from parliamentary interventions, legal commentaries, association statements and press reports is a fairly consistent picture: the law has created an entirely new form of inequality among Italian citizens. Those considered Italian from birth, even if recognised later in life through descent, retain the ability to pass on citizenship in a relatively straightforward manner. Those who became Italian through marriage, naturalisation or special statutory provisions find themselves excluded from doing the same for minor children born abroad.

This divide has been described as unjust and historically incoherent, and it risks producing citizens with different grades of entitlement within the same family line. The fact that such outcomes arise from the simple timing or legal route of acquisition makes the situation even more difficult to justify. It is no surprise that the issue has already reached Parliament, the courts and organised civil society, all seeking a more balanced and principled approach to the concept of Italian citizenship.

Article 3-bis and the End of Automatic Citizenship Abroad

The new Article 3-bis overturns what had long been taken for granted for anyone born outside Italy, and it is worth understanding exactly why the rule now works in this way. Under this provision, anyone born abroad who also holds another citizenship is treated as someone who never acquired Italian citizenship at birth, even when the birth took place many years before the reform. The effect is retroactive and sets aside the long-standing idea that descent alone was enough when the birth occurred outside Italian territory.

The provision then identifies the situations in which this exclusion does not operate, allowing recognition according to the rules in force before the reform. The first concerns those who had already taken formal steps before the deadline: if an application was submitted to the consulate or to the local municipality by 23:59 on 27 March 2025, complete with the necessary documentation, the case continues under the previous framework. The same applies where the consulate had formally assigned an appointment for submission by that date, even if the appointment itself was scheduled later.

A similar safeguard applies to proceedings before the courts. If a judicial claim for the recognition of citizenship was filed by the same deadline, that claim remains governed by the earlier legislation.

Two further exceptions relate to the individual’s family background and the parent’s link with Italy. Recognition is still possible where a parent or grandparent held exclusively Italian citizenship, with no additional nationality, at the time of the applicant’s birth or, if the ancestor had already died, at the time of their death. Recognition is also preserved where an Italian parent (or adoptive parent) lived in Italy for at least two consecutive years after acquiring Italian citizenship and before the child’s birth or adoption, demonstrating a sustained personal connection with the country.

Once those limited situations are set aside, the logic of the reform becomes unmistakable. When a child is born abroad and another citizenship is present from the very beginning, the automatic transmission of Italian citizenship simply no longer takes place.This is the point at which many families discover the impact of the new law: a birth certificate that once would have been transcribed without question no longer produces any status in Italy.

In concrete terms, this means that a newborn who does not fall within the exceptions — and even a minor already born before Law 74/2025 came into force — is not regarded as an Italian citizen by birth jure sanguinis. The link of blood alone is no longer enough when the birth has taken place outside Italy.

Therefore, outside these specific circumstances, the new rule applies in full, and a birth abroad accompanied by another citizenship no longer produces Italian citizenship at birth.

When Your Child Is Still Considered Italian by Birth

Let’s look closely at the situations in which the reform does not break the transmission of citizenship. These are the cases that continue to protect children born abroad, allowing them to be recognised as Italian by birth even under the new Article 3-bis. They form a narrow corridor, but they still exist — and for many families, understanding these scenarios makes the difference between a straightforward recognition and a lengthy acquisition process.

• Those who have already been recognised as Italian citizens remain unaffected

The reform does not touch anyone whose Italian citizenship had already been confirmed through an administrative application or a court judgment. If you, your child, or a member of your family has already received an official recognition — whether from a consulate or from an Italian court — that status remains intact. No new verification is triggered, and no new rules apply retroactively to remove citizenship already granted.

• Application Already in Process (Pre-2025)

If an administrative application or court case for Italian citizenship was formally filed (or an appointment to submit an application was confirmed) by 27 March 2025 (23:59 Rome time), the case can proceed under the old rules. In other words, those who had initiated their jure sanguinis claim before the cut-off date are grandfathered in and evaluated under the prior law. This includes having a pending consular appointment or a judicial petition by that deadline.

• A Child Who Can Receive Only Italian Citizenship at Birth

One of the few situations in which the reform does not interrupt the transmission of citizenship is when, at the exact moment of birth, the child is legally entitled only to Italian citizenship and to no other. This requires that no foreign citizenship arises through jus soli, jus sanguinis from the other parent, or any form of automatic entitlement. For the record, jus soli means “right of the soil”. In citizenship law, it refers to the principle under which a child becomes a citizen simply by being born on the territory of a State, regardless of the parents’ nationality or immigration status.

The practical effect varies depending on the country in which the birth takes place. In the United Kingdom, citizenship at birth is not granted automatically. A child becomes British only if at least one parent is a British citizen or holds settled or permanent status. When both parents are Italian and neither has settled status, the new-born does not acquire British citizenship. With no other nationality available under UK law, Italian citizenship remains the child’s sole status at birth, and automatic recognition jure sanguinis is still possible.

The situation is entirely different in the United States. US law confers citizenship by jus soli on every child born on its territory, regardless of the parents’ nationality. A child born in the United States will therefore always obtain American citizenship at birth. In this scenario, Article 3-bis applies fully, as the child holds another citizenship from the outset, and automatic recognition as an Italian citizen is no longer available. Parents must then follow the new post-2025 procedure for minors.

This contrast illustrates how the same family, with identical Italian lineage, may receive completely different outcomes solely because of the jurisdiction in which the birth occurs.

• Italian Ancestor with Exclusive Italian Citizenship

The law allows recognition jure sanguinis only if the exclusive Italian citizenship can be proven within a maximum of two generations behind the applicant. This means the assessment stops at the parent or grandparent.

If either of them held only Italian citizenship — without ever acquiring another nationality — at the time of the applicant’s birth (or, if already deceased, at the time of their death), the chain of citizenship can still be recognised under the pre-reform rules.

This exception, however, is strictly evidence-based. Consulates require official proof that the parent or grandparent never naturalised abroad, typically through non-naturalisation certificates or equivalent documentation from all relevant countries. Self-certifications are not accepted. The responsibility for providing complete and convincing evidence lies entirely with the applicant.

• Parent Resided in Italy for 2 Years

If at least one Italian parent (or adoptive parent) lived in Italy for a minimum of two consecutive years after obtaining Italian citizenship and before the child’s birth (or adoption), the child born abroad can still be recognised jure sanguinis. This aims to ensure the family had a recent genuine link to Italy. Notably, the law specifies the residency must be after the parent became Italian and before the child was born. (If the Italian parent was citizen by birth, then any 2-year period of legal residency in Italy before the child’s birth would qualify; if the parent became Italian by naturalisation or other means, only post-naturalisation residency counts) Again, the onus is on the applicant to provide proof of the parent’s Italian residence (e.g. official residency certificates); no self-certification is accepted. The period of residence in Italy before the parent became an Italian citizen does not count, and neither does any period of residence in Italy by the non-Italian parent. No self-declaration regarding residence will be accepted under any circumstance.

For further details on the type of documentation required to demonstrate at least two continuous years of residence in Italy after acquiring Italian citizenship and before the child’s birth, the applicant must refer to the official guidelines issued by the competent authorities.

• Required Evidence for the Two-Year Residence Exception

To demonstrate that the Italian parent lived in Italy for two continuous years after acquiring Italian citizenship and before the child’s birth, consulates handling the case require specific documentary evidence. These documents must be obtained from the Italian municipality responsible for the parent’s records. This requirement applies in all situations that fall within the third exception of Article 3-bis.

The following documents are mandatory:

1) A valid Italian identity document belonging to the Italian parent (passport or identity card). If the parent is deceased, the last valid document in their possession must be provided.

2) A citizenship certificate issued by the competent Italian municipality within six months of the request to register the birth, showing the exact date on which the parent acquired Italian citizenship.

3) A historical residence certificate issued by the Italian municipality of last residence or the municipality where the parent is registered with AIRE, confirming at least two uninterrupted years of legal residence during the required period.

4) Consulates may request additional evidence or clarifications where necessary to complete the assessment, and applicants should be prepared to supply further documentation if the case file requires it.

If one of these conditions is satisfied, Italian citizenship by descent may still be recognised for a person born abroad, even when another nationality was acquired at birth. In this sense, Article 3-bis functions as both a generational and documentary threshold: it preserves automatic recognition only for those who can demonstrate a clear and verifiable link to Italy, whether through the exclusive citizenship of a parent or grandparent or through specific periods of residence in Italy. For all others, the simple fact of being born abroad to an Italian parent is no longer sufficient to establish Italian citizenship.

It is equally important to clarify who the reform does not affect. The law does not revoke citizenship already granted, nor does it invalidate recognitions completed in the past. Anyone who has already been acknowledged as an Italian citizen—whether through a consular procedure or a court judgment—remains fully Italian. The same protection applies to those who submitted an application or held a confirmed appointment by 27 March 2025: their cases will be assessed under the previous rules. The new restrictions concern new claims only, involving children born abroad after the reform or adults who had not initiated any jure sanguinis procedure before the cutoff date.

If a person born abroad does not fall within one of the exceptions, they will no longer acquire Italian citizenship automatically at birth. Anyone in this position must now rely on alternative routes if they wish to become Italian. The 2025 reform has strengthened these pathways, shifting the focus from passive inheritance to an active connection with Italy. One example is the reduction of the residency requirement for naturalisation: descendants with an Italian parent or grandparent by birth may now apply after two years of legal residence in Italy, rather than three. Another is the introduction of facilitated work visas for descendants in countries with a long history of Italian emigration, designed to help them establish residence and employment in Italy more easily.

Taken together, these measures reflect a broader change in policy: instead of recognising citizenship abroad purely on the basis of ancestry, Italy now encourages descendants to rebuild or demonstrate a tangible link to the country—whether through a qualifying family profile or through a period of residence and integration.

Citizenship by Acquisition: the New Route for Minors Born Abroad

For children born abroad who no longer acquire Italian citizenship at birth under Article 3-bis, Law 74/2025 introduces a new mechanism: citizenship by acquisition, commonly referred to as acquisition per “beneficio di legge” (by operation of law). This procedure, set out in the amended Article 4, paragraph 1-bis of Law 91/1992, allows a minor born abroad to obtain Italian citizenship after birth, provided certain conditions are satisfied and a formal declaration before the Consular authority is made.

This mechanism is available only when a child born abroad cannot be recognised automatically as Italian — whether because they acquired another citizenship at birth, because their parents or grandparents also hold a foreign nationality, or because the Italian parent did not complete a continuous two-year period of residence in Italy before the child’s birth.

In these cases, the law allows the parents (or a legal guardian) to activate the child’s citizenship by submitting a declaration of intent within one year of the child’s birth. The law requires that two fundamental conditions be met.

1. At least one parent must be an Italian citizen by birth (jure sanguinis). This is a strict requirement. The procedure is not available if the Italian parent acquired citizenship through: – naturalisation (Article 9, Law 91/1992) – acquisition by operation of law (Article 4, Law 91/1992) – marriage (Article 5, Law 91/1992 or Article 10, Law 555/1912) – transmission as a minor following a parent’s naturalisation (Article 14, Law 91/1992)

In other words, the law reserves this mechanism to children of Italian citizens by birth, not those whose parent became Italian through naturalisation, marriage or by operation of law. The burden of proving the parent’s jure sanguinis status falls entirely on the applicant, who must submit adequate and verifiable documentation regarding the parent’s or grandparent’s Italian citizenship.

2. The declaration of intent must be submitted within one year from the child’s birth Both parents — including the non-Italian parent — or the legal guardian shall appear before the competent authority (usually the Italian consulate if the family resides abroad) to sign a formal declaration stating their intention for the child to acquire Italian citizenship. This shall be done within one year of the child’s birth, or within one year of the establishment of filiation (including adoption during minority).

If the parents meet the deadline and all conditions are satisfied, the child acquires Italian citizenship by operation of law from the day after the declaration is formally recorded. This acquisition is not retroactive: the child is not regarded as Italian from birth, but becomes Italian only from the moment the procedure is completed.

Unlike jure sanguinis, this is not automatic and does not date back to the child’s birth – it is a conditional acquisition that occurs later. Key features of Article 4, co. 1-bis include:

• Italian Parent by Birth: at least one of the child’s parents must be an Italian citizen by birth (cittadino per nascita). This process is not available if the Italian parent acquired citizenship via naturalisation, marriage, or other later-in-life methods. (Thus, for example, a child born abroad to an Italian who was naturalised rather than born Italian cannot use this minor-acquisition procedure. In practice, such a child might actually be born without Italian citizenship at all under the new regime, and would have to seek citizenship through ordinary means upon reaching adulthood.)
• Declaration of Will by Parents. The parents (or the legal guardian) shall make a formal declaration expressing their intention for the child to acquire Italian citizenship. Such declaration is a mandatory requirement and shall be rendered before the competent authority. Where both parents are alive, they shall ordinarily sign the declaration, although signatures may be given at different times; the child’s acquisition of citizenship becomes effective once the second parent has signed. In cases where one parent is deceased or lacks legal authority, the declaration may be submitted by the surviving parent or by the legal guardian alone.
• Two Pathways (Timing). There are two alternative timing requirements for the declaration and subsequent residency, defined in art.4 co.1-bis letters a) and b): Early Declaration (within 1 year of birth). If the declaration is submitted within one year of the child’s birth — or within one year of the legal establishment of filiation or adoption, where this occurs later — no period of residence in Italy is required. In such cases, the child acquires Italian citizenship by operation of law from the day after the declaration is formally recorded. This route operates as a fast track for newborns: provided the declaration is made within the first year, completion of the procedure is sufficient for the child to become an Italian citizen. Official guidance confirms that compliance with the one-year deadline fully waives the ordinary residency requirement. Late Declaration (after 1 year from the child’s birth). If the declaration is lodged more than one year after the child’s birth, the child may still acquire Italian citizenship, but only after completing two years of legal and uninterrupted residence in Italy. In this scenario, the procedure unfolds in two stages: the parents first submit the declaration (at any point before the child reaches the age of majority), and the family must then relocate to Italy, where the child shall maintain continuous, lawful residence for a full two-year period. Citizenship is acquired by operation of law on the date this residency requirement is satisfied. This pathway is designed for older minors or for cases in which the one-year deadline has already passed. It still enables the acquisition of citizenship, but only on the condition that the child completes a period of continuous residence in Italy, thereby ensuring the development of a real and meaningful connection with the country.

When Italian Citizenship is Not Retroactive to Birth

In either scenario, the child is not regarded as an Italian citizen from birth and does not hold Italian citizenship during the period between the declaration and completion of all requirements. The acquisition takes place at a defined moment: the day after the declaration is formally registered in cases where it is made within the first year, or the day on which the two-year period of continuous residence in Italy is completed when the declaration is filed later.

Italian law (Article 15 of Law 91/1992) makes this explicit: citizenship obtained through this mechanism is effective from the day following the qualifying event and is never retroactive to the date of birth. In practical terms, the child is treated as a foreign national until every legal requirement has been fulfilled. For example, a newborn whose parents have filed the declaration but who has not yet completed the required residency in Italy would still need a visa or residence permit, as they are not yet considered Italian.

Once they reach the age of 18, an individual who acquired citizenship through this process may choose to renounce it if they hold another nationality, a possibility that reflects the fact that their status was acquired rather than held from birth.

Transitional Window for Minors Born Before the Reform

Law 74/2025 introduces a one-off transitional measure for children who were already born, and still under 18, when the reform came into force. Article 1, paragraph 1-ter allows these minors to use the new acquisition procedure even if they are older than one year, provided that the declaration is submitted no later than 31 May 2026.

In practice, this means that for any child who was a minor on 24 May 2025, the parents may still file the declaration of will until the end of May 2026. If the child turns 18 before the deadline, the now-adult may present the declaration personally, as long as it is done by 31 May 2026.

The purpose of this transitional window is straightforward: to give families who, under the old rules, would have expected automatic recognition at birth, the opportunity to secure their child’s citizenship despite the reform. For example, a child born in 2015 in the United States to Italian parents—automatically a U.S. citizen by ius soli—would no longer be recognised as Italian at birth under Article 3-bis. Thanks to the transitional rule, the parents may still file the declaration by May 2026. If they fail to do so, the child’s future options would be limited to ordinary naturalisation or other non-automatic routes once they reach adulthood.

This transitional measure also applies to the minor children of Italian citizens who obtained recognition through an application or court case filed before the 27 March 2025 deadline (the cases referred to in Article 3-bis, letters a), a-bis) and b)). In these situations, under-18 children can still be included via a declaration by May 2026, preventing families from being divided by the timing of the reform.

Taken together, these rules show that Italian law has not entirely abandoned the idea of transmitting citizenship by descent. What has changed is the automatic element: for children born abroad who acquire another citizenship at birth, recognition now requires action, documentation and—in some cases—residence in Italy. The combined effect of Articles 3-bis and 4 is to introduce a generational filter: newborns may still obtain citizenship if parents act quickly or later move to Italy, while older generations who never formalised their status must now demonstrate a stronger connection or follow the new, facilitated residence-based pathways.

Legal Consequences of “Citizenship from Birth” and “Citizenship from the Date of Acquisition”

When a minor acquires Italian citizenship under Article 4, paragraph 1-bis of Law 91/1992—through what is commonly referred to as “citizenship by operation of law” – per beneficio di legge —they are recognised as Italian only from the moment the legal conditions are met. This is known in legal terms as an acquisition with ex nunc effect. The Latin expression ex nunc means “from now on”, and in this context it indicates that the person becomes an Italian citizen starting from the date when the relevant requirements are fulfilled (for example, when the declaration of intent is filed within one year of birth, or, in other cases, after two years of residence in Italy). The entry in the citizenship register reflects that exact date, which is also the point from which all related rights and obligations take effect.

This is fundamentally different from the case of citizenship recognised iure sanguinis, which operates with ex tunc effect. Ex tunc means “from the outset”, and it signifies that citizenship is attributed retroactively, as if the person had always been Italian from birth. This happens when the parent was already an Italian citizen at the time of the child’s birth and the citizenship is recognised on that basis. In such cases, the person is considered to have held Italian nationality continuously since birth, even if the official recognition takes place later.

The legal difference between ex tunc and ex nunc has tangible consequences. In ex tunc situations, the person is regarded as having always been an Italian citizen: they are entitled to retroactive transcription of their birth certificate in Italy, may claim benefits connected to nationality (such as access to state education, pension rights, or family reunification), and, crucially, they may transmit citizenship to their children born before formal recognition, because they are deemed to have been citizens when those children were born.

In contrast, someone who acquires citizenship ex nunc starts to be Italian only from that specific point forward. They cannot claim retroactive effects, and any children born before that date do not acquire Italian nationality through them, unless they qualify independently. Likewise, any acts or legal relationships created before acquisition—such as birth abroad, marriage, or residence—are not retroactively affected by the new citizenship status.

In short, ex tunc implies uninterrupted legal continuity of nationality from birth, while ex nunc marks the beginning of citizenship at a fixed point in time, without retrospective recognition. The distinction is decisive for a range of civil, administrative and international legal effects.

Different Citizenship Paths Within the Same Family

The effect of the 2025 reform becomes clearer when looking at what happens inside one single household. Maria is an Italian citizen by descent through her mother Antonietta. She was born in Colombia to Colombian-born parents of Italian origin and later obtained recognition jure sanguinis through the Italian consulate in Bogotá which counts in law as being an Italian citizen “by birth” through bloodline.

Her first child, Nicola, was born in Boston at the end of 2024, where she moved with her American husband in 2019. Because he was born before Article 3-bis came into force, Nicola is treated as an Italian citizen jure sanguinis, recognised from birth. The fact that he also holds United States citizenship does not affect his position under the old regime.

His sister Elena, born in Boston in October 2025, enters a very different legal framework. She acquires US citizenship at birth by jus soli and, under the new Article 3-bis, this prevents automatic recognition as an Italian citizen by descent. For her to become Italian, Maria must use the new procedure in Article 4, paragraph 1-bis, which entails the acquisition of Italian citizenship by operation of law: a formal declaration within one year of birth or, if made later, two consecutive years of Elena’s legal residence in Italy.

Elena therefore becomes Italian by operation of law, which in citizenship terminology means that her status arises on the basis of a statutory procedure completed after birth, not by the mere fact of being born to an Italian parent. In other words, she is an Italian citizen by acquisition, not from birth.

This distinction matters for the next generation. Nicola, as an Italian citizen by birth, will be able to transmit his status to children born abroad by using the same operation-of-law mechanism available to his mother. Elena will not. Because she is not an Italian citizen “by birth”, her children born abroad cannot obtain Italian citizenship through the operation-of-law route. Their options would be different: a birth in Italy, or a period of residence in Italy before the pregnancy that triggers one of the exceptions in Article 3-bis.

Two siblings, the same Italian lineage, the same parents, the same life abroad — yet two very different legal outcomes for their future children. This is not a consular interpretation or an administrative accident. It is an effect built directly into the structure of the 2025 reform.

Citizenship by Operation of Law: A Barrier for the Next Generation

As illustrated by the case of Nicola and Elena, one of the most overlooked consequences of the 2025 reform is the legal boundary it creates between generations. Under the revised Article 4, paragraph 1-bis of Law 91/1992, a child born abroad to Italian parents may acquire citizenship by operation of law if the declaration of intent is made within the first year of life. This offers a streamlined route in early childhood, but it does not grant the status of citizen by birth.

And here the distinction becomes decisive: once that child reaches adulthood, they will not be able to transmit Italian citizenship to their own children born abroad through the same procedure. The law reserves this possibility exclusively to those who are Italian citizens by birth, not to those who acquired citizenship through the benefit-of-law mechanism.

The result is a striking legal disparity within the same family.

This generational divide becomes even clearer when one compares the long-term legal position of siblings born on opposite sides of the reform. Under the former regime, a child born abroad who acquired citizenship jure sanguinis was treated as Italian from birth (ex tunc). Under the new rules, a child who becomes Italian only through a declaration submitted after birth acquires citizenship by operation of law, with effect from the date of acquisition (ex nunc).

The difference is anything but theoretical. As adults, only the sibling recognised as Italian from birth will be able to transmit citizenship to their own children born abroad through the ordinary channels. The sibling who became Italian by benefit of law cannot use Article 4 for their future children, because the provision is reserved exclusively for citizens by birth. Unless one of the narrow exceptions in Article 3-bis applies—or unless that parent has completed two years of residence in Italy before the birth—the next generation remains outside the scope of automatic transmission.

This is not a minor procedural nuance. It is a structural distinction enshrined in the text of the reform, capable of producing concrete inequality between members of the same family and, inevitably, between their descendants. As of today, no institutional clarification or legislative adjustment has resolved this asymmetry.

How to Obtain Citizenship for a Child Born Abroad (Post-Reform)

Procedural Steps. To secure Italian citizenship for an eligible minor child born abroad, the parents or legal guardian must follow a formal procedure, usually through the Italian consulate with jurisdiction over their place of residence. Here is how the process works in practice, incorporating new rules and consular guidelines:

• Consular vs. Municipal Authority. By law, the declaration of will can be made before an Italian civil status officer, which includes either an official at the Italian Municipality (Comune) in Italy or a Consular officer abroad. In theory, parents who happen to be in Italy (and registered with AIRE at a particular Comune) could make the declaration at the local Stato Civile office. However, in practice, Italian consulates are handling almost all such cases for residents abroad. Consular instructions worldwide direct families to lodge the declaration in person at the consulate if the child resides abroad. For example, the Consulate General in London explicitly states “the declaration must be made personally at the Consulate, by appointment”. Likewise, consulates in the U.S. and Argentina require an in-person declaration at the consulate’s citizenship office. There is no mechanism to submit the declaration remotely or by proxy; one of the parents (or the adult child, if applicable) must physically appear and sign before the consular officer. If a family prefers to handle it via an Italian municipality (for instance, during a trip to Italy), they would need to coordinate with the Comune in advance and ensure the official is willing to receive the act – a possibility noted in theory but seldom used in practice. The practical reality is that most families will go through their local consulate for this process, unless they relocate to Italy and establish residency (in which case the declaration can be made at the Comune along with the residency registration).
• Required Documentation. The applicants must provide documentation to prove the child’s eligibility and the family’s status. Consular websites have published detailed checklists. Common requirements include:
• The child’s full birth certificate, in original long-form, legalised (with Apostille or consular legalisation as required) and officially translated into Italian. This document establishes the child’s birth details and parentage. Some jurisdictions have particular rules (e.g. the Italian consulate in London specifies that if the parents were not married and only one parent is listed as the “informant” on a UK birth certificate, an extra notarised acknowledgment of paternity is needed), but the general requirement is the birth act for the Italian records.
• Proof of the Italian parent’s citizenship by birth. Typically, this is satisfied by the Italian parent’s birth certificate from Italy, or a recent certificato di cittadinanza italiana if available. If the parent is registered AIRE, often a self-declaration or the consulate’s own records can confirm the parent’s status. The key is to show the parent is an Italian cittadino per nascita, not by later acquisition. (If both parents are Italian by birth, one suffices – although having both lines documented is even better.) If the qualifying parent was recognised jure sanguinisthemselves, that counts as “Italian by birth” for the next generation’s purposes.
• Identification documentsfor the parents and the child (passports or valid IDs).rents and the child (passports or valid IDs).
• Proof of residencein the consular jurisdiction for the family. Consulates usually ask for recent utility bills, lease agreements, or similar evidence showing that the family resides within the consulate’s territory. Additionally, the Italian parent must be properly registered with AIRE (the Registry of Italians Residing Abroad) at that consulate. For instance, the London consulate requires that the Italian parent’s AIRE address be up-to-date before applying.
• If the parents are married, their marriage must be registered in Italy; likewise, any previous divorce must also be recorded. This ensures that the Italian civil registry reflects the correct family status when the child’s birth is transcribed. The requirement is particularly important when the mother is Italian and married, as Italian law presumes her spouse to be the legal father. The consulate will only record the birth once the underlying marital records are correctly in place. Where necessary, consulates allow marriage and divorce registration requests to be submitted together with the documents for the child’s birth registration.
• The consulate’s own application forms and declarations must also be completed. Most consulates supply a standard template for the declaration of will that the parents are required to fill in. For instance, the London consulate provides its own form, which the parents sign during the appointment.

It is advisable to consult the guidance published by the consulate responsible for your place of residence, as additional documentation may be required depending on local practice. Some consulates provide very detailed instructions. The Consulate in San Francisco, for instance, specifies exactly how to demonstrate that a grandparent held exclusively Italian citizenship, requiring certificates of non-naturalisation issued by the relevant foreign authorities. It also outlines how to document a parent’s two-year residence in Italy, typically through official historical residency certificates. These evidentiary requirements underline the level of diligence expected: it is the applicant’s responsibility to provide complete and convincing proof that all legal conditions are met.

Scheduling and Submission

The process usually involves first contacting the consulate to schedule an appointment or to submit a pre-assessment. Given the novelty of the law, some consulates have set up dedicated procedures. For instance, the London consulate asks families to email all the documentation in PDF for a preliminary review, and only then will they be given an appointment to come in person and sign the declaration. They also instruct that the email subject line include “DICHIARAZIONE ACQUISTO CITTADINANZA MINORI” to route it correctly. Other consulates (like in Argentina) may allow booking through their online appointment system under a “cittadinanza” category. It’s advisable to write to the citizenship office of the consulate or check their website for the exact procedure to initiate the request.

Fees

As with most Italian citizenship transactions, a €250 consular fee is required for the declaration of acquisition by operation of law. This fee, set by art. 9-bis of Law 91/1992 (introduced in 2018), applies per minor. Many consulates require payment via bank transfer to the Italian Ministry of Interior’s account before the appointment, and a receipt must be shown. For example, the Mendoza and Buenos Aires consulates provide the IBAN and instruct a separate payment for each child, referencing “acquisto cittadinanza ex art. 9-bis L.91/1992” in the payment memo. Ensure you follow your consulate’s payment instructions (some might accept money orders or other methods) and bring proof of payment.

Outcome

Once the declaration has been signed by the parent or parents before the consular officer, and the documentation has been verified, the consulate forwards both the declaration and the child’s birth record to the competent Italian municipality (the AIRE comune of the Italian parent) for registration. The child is then recorded as an Italian citizen with effect from the relevant date — the day after the declaration is registered, or, where required, the day on which the two-year period of residence in Italy is completed.

Processing times vary. Consulates such as London note that transmitting and registering a birth accompanied by a citizenship acquisition may take several weeks. Only once the comune has entered the birth and annotated the citizenship acquisition in its registers can an Italian passport be issued. Until this step is completed, consulates will not release a passport; London explicitly states that no passport can be issued before the transcription and confirmation of citizenship.

Families should take these timings into account, particularly if they plan to relocate to Italy. Until the child’s citizenship is formally recorded, they may still require a visa or entry clearance to travel or reside in Italy.

Real-World Examples and Common Questions

Automatic vs. Declared Citizenship – Examples. The impact of the new rules can be illustrated with scenarios:

• Example 1: When Two Siblings Follow Two Citizenship Paths

Maria and Luca, an Italian couple living in the U.K., had a baby in London in November 2025. Under the new law, baby Giorgio will not be automatically Italian at birth if he received British citizenship. Since the U.K. grants jus soli citizenship only if a parent has settled status/ILR, let’s say Luca and Maria do not have settled status yet. In that case, baby Giorgio might not acquire British citizenship at birth. One of the exceptions (Case 1) on the London consulate’s checklist is that a child who cannot have any other citizenship is considered exclusively Italian. Indeed, the consulate gives an example: if both parents are only Italian and have no permanent residence in the UK, the child would have only Italian citizenship. If baby Giorgio truly has no claim to British or any other nationality, then he can be registered as an Italian citizen by descent immediately. However, if one of the parents had, say, already obtained British citizenship or another nationality, or if they did meet settled status requirements conferring British citizenship to the child, then Giorgio would be considered to have another citizenship and would not be automatically Italian. Maria and Luca would then need to use the new beneficio di legge procedure: either declare within a year of birth (simplest option) or later with a move to Italy. The London consulate directs parents in this situation to its citizenship section and outlines that if none of the automatic criteria (exclusive citizenship, 2-year residence, Italian-only grandparent) are met, they must file a declaration for the child to acquire citizenship.

• Example 2: The Italian American Who No Longer Qualifies by Descent

Consider the case of John, born in the United States to a family of Italian origin. Under the rules in force until 2025, John could have claimed Italian citizenship iure sanguinis without major obstacles. His paternal grandfather was born Italian, and John’s own U.S. citizenship, acquired by ius soli, would not have prevented recognition. For decades, this was the standard path followed by thousands of Italian Americans. With the introduction of Article 3-bis, however, John’s situation changes entirely. Because he was born abroad with another citizenship at birth, and because neither his parent nor his grandparent meets any of the narrow exceptions (exclusive Italian citizenship or a two-year period of residence in Italy prior to his birth), John is no longer entitled to recognition by descent. His previously open route is now closed. This does not mean that John has no options. The reform provides a facilitated path for descendants of Italians: since his grandfather was an Italian citizen by birth, John may relocate to Italy and apply for naturalisation after two years of legal residence, instead of the three years required in the past. Italy has also introduced special work permits outside the usual quota system for descendants of Italian citizens from countries such as the United States, making relocation more accessible. John therefore cannot become Italian through a simple administrative recognition anymore. But if he genuinely wishes to recover his family’s citizenship, the law now directs him towards a different approach: move to Italy, establish a real connection, integrate into the country, and obtain citizenship through residence. It is a clear example of the reform’s shift in philosophy: from a passive inheritance of citizenship to an active, demonstrable link with Italy.

• Example 3: The Effect of Missing the Deadline

A family in Argentina submitted an application in 2024 to register their children as Italian citizens at the Consulate of Buenos Aires. Since the application was lodged before 27 March 2025, their case remains under the previous rules. Although the children were born with Argentine citizenship, they will still be recognised as Italian citizens jure sanguinis. The consulate has confirmed to families in this situation that their files remain valid, because the new law preserves applications and appointments made by the deadline.

The situation is very different for their neighbours, who had never initiated any citizenship process. They welcomed a child in June 2025. Under the new Article 3-bis, that child is not automatically Italian, because they were born abroad with another citizenship and the family did not fall under any of the exceptions. The Consulate of Buenos Aires has been circulating updates to clarify this point, informing residents that, from May 2025 onward, citizenship is no longer transmitted automatically to minors born abroad who hold a foreign nationality. The consulate has also encouraged families who qualify to use the benefit-of-law procedure by 2026, so that children born before the reform do not lose the possibility of acquiring Italian citizenship.

Consular Guidance Around the World

Italian consulates globally have updated their policies to implement these changes. Here are a few notable points from different consular districts:

• The Consulate General in London has published a comprehensive guide for registering overseas births under the new law. It breaks down the three scenarios in which a child can still be automatically recognised: (1) the child has no other citizenship at birth, (2) an Italian parent resided 2 years in Italy pre-birth, or (3) an Italian parent or grandparent had only Italian citizenship. The London office emphasises that if none of those conditions are met, the parents must pursue the dichiarazione di volontà (declaration of will) for the child to acquire citizenship by operation of law. They even caution parents not to submit a birth registration unless they have all documentation to prove one of the qualifying cases, to avoid waste of time. For the benefit-of-law procedure, London provides a dedicated page and instructs that at least one parent must be Italian by birth and registered AIRE, and that an appointment will be scheduled after preliminary document review.
• The Consulate in New York and other U.S. posts have similarly informed the public that children born with dual citizenship after the law’s effective date are not Italian at birth. New York’s guidance (mirroring the law) states plainly that “a minor born abroad to Italian parents is automatically Italian only if” one of the specific conditions (exclusive citizenship, exclusive Italian ascendant, or 2-year parental residency) is met. They require applicants to furnish conclusive evidence for those conditions (e.g. no-naturalisation letters for ascendants, residency proof). If not, the parents must file a declaration for the child to acquire citizenship under the new 1-year rule or 2-year residency rule. The San Francisco consulate’s website explicitly notes, “if none of the [automatic] requirements 1, 2, or 3 are satisfied, the minor acquires citizenship by benefit of law” and then describes the declaration process. They also highlight an important practical point: “the minor who acquires Italian citizenship by benefit of law is not an Italian citizen by birth or jure sanguinis” and thus only becomes a citizen from the day after the declaration (or completion of requirements). This clarification is meant to manage expectations – for example, such a child cannot immediately get an Italian passport or claim rights until the process is complete.
• The Consulates in South America (e.g. Buenos Aires, São Paulo) have been extremely busy with jure sanguinis cases for decades. They have now updated their procedures to comply with the new law. The Consulate in Buenos Aires outlines the two cases (ordinary and the transitional window) in which minors born abroad can acquire citizenship. It stresses that all declarations under the transitional case (for pre-2025 born minors) must be submitted by 31 May 2026. Moreover, they reiterate the fee and appointment requirements similar to other posts. South American consulates also continue to handle a high volume of adult jure sanguinis applications filed before the cutoff; those remain valid. Local Italian community organisations and legal advisors have been disseminating the news that “the law has changed” and encouraging people to act within the grace periods if they qualify. In short, consulates globally are following the same foundational rules, with minor administrative variations, to implement this reform.

Municipal Role and AIRE Considerations

A recurring question is whether parents can bypass the consulate and submit the declaration directly to their Italian municipality of AIRE registration. The law does not exclude this possibility: civil status acts may be received by any Stato Civile officer, and the Ministry of the Interior’s circulars after the reform even contemplate the use of municipal forms for this purpose.

In practice, however, most Comuni expect these declarations to be handled by consulates when the family resides abroad. Unless the family is physically moving to Italy and transferring residency, Italian municipalities seldom accept citizenship declarations for minors who live outside Italy. There are reports of families attempting to make the declaration during a temporary visit to Italy; this is theoretically possible if the parents appear in person at their AIRE Comune with all necessary documents. Still, it is not standard practice, and outcomes vary from one municipality to another.

Lawyers who follow the implementation of the reform recommend treating the Comune option as a theoretical route that requires prior agreement with local officials, not as a reliable alternative to consular procedures. For families living abroad, the safest and most predictable path remains the consular one: ensuring that AIRE information is up to date and following the instructions of the competent consulate. The municipality’s role comes primarily at the end of the process, when it receives and registers the documentation transmitted by the consulate.

Uncertainties and Ongoing Developments

As with any major legal reform, some grey areas and questions have emerged. A few notable ones:

• Interpretation of “possesses another citizenship”. The law’s trigger is if the person “possesses another citizenship, or even only the right to obtain one.” This phrasing means that if a child could claim a foreign citizenship by a simple action (like an option or registration), they are treated as if they have it. Consulates have had to interpret foreign laws to decide if a child is exclusively Italian. For instance, a child born in a country that grants citizenship by birth (like the U.S.) clearly has another citizenship, no matter what. A child born in a country with jus sanguinis could potentially have another citizenship if one parent is a foreign national who can pass on their nationality. Each case can be nuanced. The London consulate spelled out examples for the UK context: if Italian parents in the UK have not obtained permanent status, the child might not get British citizenship at birth – so that child could be considered exclusively Italian and get automatic recognition. But if the parents have any scenario where the child “can have” the other citizenship (including by a simple declaration or option with the foreign authority), then the child is treated as dual and not automatic. This requires parents to be aware of both Italian and foreign law. When in doubt, consulates often err on the side of assuming the child does have another nationality unless proven otherwise. As such, parents should be prepared to document a child’s citizenship status (or lack thereof) in the foreign country when claiming the child is exclusively Italian. This is a new layer of complexity that did not exist before.
• Evidence thresholds. As noted, proving an ancestor’s exclusive Italian citizenship or a parent’s Italian residency can be document-heavy. For exclusive citizenship, consulates demand official statements from relevant authorities (e.g. a statement from USCIS or NARA in the U.S. that the Italian-born ancestor never naturalised as a U.S. citizen). For the 2-year residency, a municipality’s certificato di residenza storico showing the dates of residence might be needed. There is some uncertainty on how strict and uniform these proofs will be – e.g. what if an ancestor lived in multiple countries? Each consulate might have slightly different requirements for these proofs, but generally the standard is high (“incontrovertible” proof). Families should not underestimate the time needed to gather such documents, especially for older ancestors.
• Pending clarifications. Italian authorities may still issue further guidelines. Legal professionals have noted that the Ministry of the Interior and consulates are expected to release additional circulars or instructions as edge cases arise. As of late 2025, most consulates are implementing the law based on the text and initial ministry circulars from May 2025. We can anticipate FAQs or clarifications on scenarios like: children of Italian parents by naturalisation (since those kids don’t qualify for beneficio di legge – presumably they remain Italian by birth under old Art.1, but with the new 3-bis it’s ambiguous), handling of adult disabled dependents, etc. Close attention should be paid to consular websites and official announcements for any updates.

Dear reader, if you have reached the end of this article, I hope I have not added to your confusion. The truth is that the 2025 reform has created a citizenship landscape that is unusually intricate, and it is perfectly normal to feel overwhelmed by the many conditions, exceptions and deadlines. What was once a predictable process based almost entirely on ancestry is now a system that requires attention, timing and a clear understanding of how the law treats births abroad.

The central message of the reform is that citizenship is no longer transmitted automatically in most cases. A child born abroad to Italian parents is not considered Italian by birth unless the family falls within a narrow group of exceptions. Everyone else must take positive steps: the declaration within the first year, if available; or, if that opportunity has already passed, a period of residence in Italy to activate the child’s citizenship at a later stage. Families with older minors must also keep in mind the transitional window, which closes on 31 May 2026 and will not be extended. After that date, the simplified route disappears, and the possibilities become more limited.

For adults seeking recognition today, the reform means stricter scrutiny, documentary rigour and a much more demanding assessment of lineage. And for those who no longer qualify under the new criteria, the only remaining path is to create a genuine link with Italy, usually through residence and work, taking advantage of the shorter naturalisation timelines and the facilitated entry schemes introduced for descendants.

Despite its complexity, the system remains navigable with the right guidance. If you are unsure how these rules apply to your family, or if you prefer not to risk missteps in a procedure that has become far less forgiving, you are welcome to contact me for tailored assistance: micheladejulio@mmweurope.com

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Originally published on LinkedIn by Michela de Julio this article has been revised and expanded with additional information and reference sources to provide a more comprehensive overview for MMW Europe readers.

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