Italian Citizenship for Minor Children Born Outside Italy: Understanding the New Rules in 2026

The changes introduced to Italian citizenship law in 2025 significantly affected the transmission of Italian citizenship to children born outside Italy, particularly when their parents obtained recognition of Italian citizenship by descent.

One of the main questions families now face is whether minor children of Italian citizens are still entitled to Italian citizenship and which procedures must be followed to secure that right.

The answer depends on each family's legal circumstances.

Although the new rules have restricted the automatic recognition of Italian citizenship by descent, certain pathways remain available for minor children born abroad, including the acquisition of citizenship through a specific legal mechanism known as beneficio di legge, or acquisition by benefit of law.

This procedure has its own requirements, deadlines, and legal effects, which should be understood before submitting an application.

In this article, we explain the main rules governing Italian citizenship for minors in 2026 and the key considerations parents should keep in mind.

What Has Changed for Italian Citizenship for Minor Children Born Abroad?

Traditionally, Italian citizenship was passed down through generations under the principle of jus sanguinis, according to which citizenship is acquired through family descent.

Under this principle, children of Italian citizens could be considered Italian citizens from birth, provided that the legal requirements for citizenship transmission were met.

However, the legislative amendments introduced in 2025 significantly changed this framework.

Today, not all children of Italian citizens born outside Italy are automatically considered Italian citizens from birth.

The legislation now establishes additional conditions for the recognition of citizenship from birth, particularly when the child is born abroad.

Therefore, having a parent whose Italian citizenship has been recognized is not, by itself, sufficient to establish a minor child's entitlement to citizenship.

It is necessary to examine the parents' legal status, the family's citizenship history, any periods of residence in Italy, and the specific circumstances surrounding the child's birth and parentage.

Can Minor Children of Italian Citizens Still Obtain Italian Citizenship?

Yes.

Despite the restrictions introduced by the legislation, pathways remain available for minor children born outside Italy to obtain Italian citizenship.

The first step is to determine whether the child qualifies for recognition of Italian citizenship from birth or whether citizenship must be acquired through the benefit-of-law procedure.

This distinction is essential because the two procedures have different legal foundations and effects.

In certain circumstances, a minor may be considered an Italian citizen from birth, provided that the statutory requirements are satisfied.

In other cases, citizenship may be acquired at a later stage, subject to specific requirements and the submission of declarations prescribed by law.

Therefore, before initiating the procedure, it is important to identify which pathway applies to the family's particular circumstances.

When Can a Minor Child Be Recognized as an Italian Citizen from Birth?

Recognition of Italian citizenship from birth remains possible in the circumstances established by law.

Relevant situations include cases in which the minor has an Italian parent or, depending on the applicable legal framework, an Italian ancestor who satisfies the conditions for citizenship transmission.

The legislation also provides for certain situations involving an Italian parent's residence in Italy.

One of these provisions concerns cases in which the parent, after acquiring Italian citizenship or having it recognized, resided in Italy for at least two consecutive years before the child's birth, subject to the remaining legal requirements.

In these circumstances, the parent's residence history may be decisive in determining whether the minor qualifies for recognition of Italian citizenship from birth.

It is important to emphasize that evidence of travel or temporary stays in Italy is not sufficient.

The period of residence must meet the statutory conditions and must have occurred during the legally relevant period for citizenship transmission.

Where the requirements for recognition of citizenship from birth are not met, another pathway to citizenship acquisition may need to be considered.

What Is Italian Citizenship by Benefit of Law (Beneficio di Legge)?

Acquisition of Italian citizenship by benefit of law is a legal pathway available in certain circumstances where a minor child of an Italian citizen does not meet the requirements to be considered Italian from birth.

Unlike recognition of citizenship by descent from birth, this procedure requires compliance with specific conditions and formalities.

These formalities may include the submission of a declaration of intent by the parents, in accordance with the requirements established by Italian law.

The procedure must take into account the parents' legal status, the child's age, the date of birth, and the rules applicable to the individual case.

This possibility is particularly relevant for families in which the parents obtained recognition of Italian citizenship by descent, but their children were born outside Italy and do not qualify under the current provisions for automatic recognition.

However, acquisition by benefit of law should not be confused with the simple registration of a birth certificate.

It is a distinct legal pathway for acquiring citizenship, with consequences that families should carefully consider.

What Is the Difference Between Italian Citizenship from Birth and Citizenship Acquired by Benefit of Law?

This is one of the most important questions for parents of minor children born abroad.

When Italian citizenship by descent from birth is recognized, the individual is considered an Italian citizen from the moment of birth, provided that all applicable legal requirements are met.

The recognition procedure confirms a legal status that already existed.

In the case of acquisition by benefit of law, however, citizenship is acquired upon fulfillment of the conditions established by legislation.

This means that citizenship does not automatically take effect retroactively from the child's date of birth.

The distinction may be relevant not only for the child but also for the potential transmission of Italian citizenship to future generations.

For this reason, selecting the appropriate procedure requires consideration of the legal effects of each pathway, rather than focusing solely on obtaining Italian citizenship documentation.

What Are the Deadlines for Applying for Italian Citizenship for Minor Children?

Acquisition of Italian citizenship by benefit of law is subject to specific deadlines.

These deadlines are not necessarily the same for every family.

The legislation takes into account various circumstances, including the child's date of birth, the date on which legal parentage was established, the child's age, and the parents' legal status.

There are also transitional provisions connected to the legislative amendments introduced in 2025.

Therefore, it is essential to identify the deadline applicable to the minor before initiating the procedure.

Compliance with these deadlines is particularly important because eligibility for certain citizenship acquisition procedures depends on submitting the required declaration within the prescribed period.

Transitional Rules for Individuals Who Were Minors on May 24, 2025

One of the most relevant provisions concerns certain individuals who were under the age of 18 on May 24, 2025.

For cases covered by the transitional rules, and provided that the legal requirements are met, the declaration of intent to acquire Italian citizenship may be submitted until May 31, 2029.

This provision deserves particular attention from families whose Italian citizenship has already been recognized and who wish to address the citizenship status of their minor children.

However, it is important to clarify that the transitional deadline does not automatically apply to every child who was a minor on that date.

Eligibility under this provision depends on meeting the conditions established by law.

Therefore, each family should verify whether the minor falls within the scope of the transitional rules and which documents and formalities are required.

Does Italian Citizenship Acquired by Benefit of Law Apply Retroactively to Birth?

Not automatically.

Unlike recognition of Italian citizenship by descent from birth, acquisition by benefit of law does not mean that the minor will be considered an Italian citizen from the date of birth.

The legal effects of citizenship acquisition are determined by the rules governing the applicable procedure.

Once citizenship has been acquired, the minor obtains the status of an Italian citizen and becomes entitled to exercise the corresponding rights.

However, the date of acquisition may be relevant in future situations, particularly when determining whether citizenship can be transmitted to the individual's descendants.

This is one of the reasons why a legal assessment should consider not only the immediate procedure but also the consequences of the citizenship acquisition pathway.

Will Children Who Acquire Italian Citizenship by Benefit of Law Be Able to Pass It on to Their Future Descendants?

This issue remains the subject of legal debate in Italy.

Although acquisition by benefit of law grants the minor the status of an Italian citizen, the possibility of transmitting citizenship to future descendants continues to raise questions regarding the interpretation and application of the new legislation.

It is therefore important to monitor guidance issued by the Italian authorities and decisions of the competent courts, as the implications of this form of citizenship acquisition for future generations have not yet been definitively clarified.

Must the Parents Already Have Their Italian Citizenship Recognized?

The parents' legal status is one of the central factors when assessing Italian citizenship eligibility for minor children.

It is necessary to determine whether either parent holds Italian citizenship, how that citizenship was acquired or recognized, and whether the conditions required for the intended procedure have been satisfied.

It is also important to consider the date on which citizenship was acquired or recognized, as well as the child's circumstances under the applicable legal provisions.

Therefore, families in which the parents have already completed their Italian citizenship recognition process should carefully assess whether their minor children qualify for recognition of citizenship from birth or fall within the provisions governing acquisition by benefit of law.

Each case should be assessed individually, particularly when a family has children born on different dates or under different circumstances.

What Should Parents Do Before Starting the Procedure?

Before submitting an Italian citizenship application for a minor child born outside Italy, it is advisable to review the family's legal circumstances and identify the applicable procedure.

This assessment should consider, among other factors, the parents' citizenship status, the history of Italian citizenship recognition or acquisition, the child's date of birth, and any periods of residence in Italy.

It is also necessary to determine whether the minor qualifies under any transitional provision and which deadlines apply to the submission of the declaration of intent.

Another important consideration is understanding the legal effects of the chosen acquisition procedure, particularly when the family wishes to preserve the possibility of transmitting Italian citizenship to future generations.

Submitting an application without correctly identifying the applicable legal framework may result in delays, unnecessary expenses, or the use of an unsuitable procedure.

Conclusion: Italian Citizenship for Minor Children Is Still Possible, but the Rules Have Changed

The legislative amendments introduced in 2025 significantly changed the conditions governing the transmission of Italian citizenship to minor children born outside Italy.

Although not all children of Italian citizens are automatically considered Italian from birth, pathways remain available for recognition of citizenship from birth and acquisition by benefit of law.

Understanding the distinction between these procedures is essential, particularly regarding eligibility requirements, deadlines, and legal effects.

For certain families, the transitional provisions may also provide an important opportunity, provided that the conditions established by law are met.

Therefore, parents who hold Italian citizenship and have minor children born abroad should carefully assess their children's circumstances to determine which procedure is legally appropriate.

Rafaela Barbosa Advocacia Internacional closely monitors legislative developments and guidance issued by the Italian authorities, providing legal assistance with the assessment and handling of Italian citizenship procedures for minor children.

Our team conducts an individualized assessment of each family's circumstances, reviewing the applicable legal requirements, necessary documentation, and relevant deadlines.

Rafaela Barbosa Advocacia Internacional
Specialists in immigration, Italian and Portuguese citizenship, and international mobility.

Portugal | Brazil | Italy
Phone: +351 913 158 360
Email: advocacia.rafaelabarbosa@gmail.com
Website: www.rafaelabarbosaadv.com

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