Major Changes to the Transmission of Italian Citizenship to Minors: What You Need to Know About Law 74/2025

If you’re of Italian descent and planning to pass your citizenship to your children, recent legal updates may significantly impact your plans. Italy’s Decree-Law 36/2025 and its conversion into Law 74/2025 have introduced sweeping changes to how Italian citizenship is transmitted to minor children — especially for those born abroad.

Here’s a breakdown of what’s changed, what remains, and what steps you need to take to ensure your child’s right to citizenship is preserved.

A Shift from Automatic to Conditional Citizenship

Until recently, the transmission of Italian citizenship to descendants — regardless of generation or country of birth — was considered an automatic right under the principle of ius sanguinis (citizenship by bloodline). This meant that children of Italian citizens were Italians from birth, even without formal recognition, as long as their lineage could be proven.

But now, under the new law, this automatic transmission no longer exists.

Under Law 74/2025:

• Only children up to the 2nd generation born abroad can be eligible.
• The parent or grandparent through whom citizenship is claimed must have exclusively Italian citizenship.
• Italian citizenship is not automatically conferred to minors. Instead, it must be formally declared by the parent at the Italian Consulate.

This represents a fundamental shift, weakening what were previously protected acquired rights under the Italian Constitution.

What’s No Longer Valid

One of the biggest changes is the elimination of citizenship recognition via AIRE registration (Registry of Italians Residing Abroad). Previously, a minor child could be added to a parent’s AIRE record and automatically be recognized as an Italian citizen.

Now, that option is off the table.

New Requirements for Transmission to Minor Children

To secure citizenship for your child, here’s what’s now required under the new law:

• The parent must formally declare their will to transmit citizenship at the consulate.
• This declaration must be made within one year of the child’s birth.
• The parent (or grandparent) must exclusively hold Italian citizenship.
• In-person visits and administrative fees are now part of the process.
• The administrative process is set to be centralized in a new public agency, though further details are still pending.

These changes aim to standardize and regulate the process more tightly but may cause complications for families already in or preparing to start the citizenship journey.

Key Deadlines You Must Know

Depending on your situation, here are the crucial cut-off dates:

✅ If Your Child Was Born Before March 27, 2025:

• Parents must declare their intention to transmit citizenship by May 31, 2026, only if:
  • The parent already had their Italian citizenship recognized, or
  • The parent filed their citizenship request before March 27, 2025.

✅ If Your Child Is Born After March 27, 2025:

• The declaration must be made within one year of the child’s birth to secure their Italian citizenship.

Failure to meet these deadlines means the child may have to pursue citizenship through residency in Italy and language proficiency, or potentially through judicial action, depending on the case.

Paths to Citizenship for Minors Under the New Law

👶 Recognized From Birth (No further action needed):

• Child born in Italy to an Italian parent.
• Child born abroad to a parent or grandparent with exclusive Italian citizenship.
• Child born abroad to an Italian parent who resided in Italy for at least 2 years before the child’s birth.

🛂 Citizenship By Acquisition (Action required):

• Child born abroad to an Italian parent who makes a formal declaration within 1 year of birth.
• Child born abroad whose parent does not declare in time:
  • The child must live legally in Italy for 2 years and provide Italian language proficiency (level B1).
• The same applies if claiming through an Italian grandparent.

FAQs: Law 74/2025 and Citizenship for Children

1. Does my child still qualify if I filed my application before March 27, 2025?

Yes. Children born before March 27, 2025, are still eligible — but you must declare their citizenship by May 31, 2026.

2. I already have Italian citizenship. When I have children, can I register them?

You must now make a declaration of will within 1 year of the child’s birth to pass on your citizenship.

3. What if I miss the deadline?

In these cases, legal experts recommend judicial appeals, especially on the grounds of unconstitutionality, to defend what were once considered acquired rights.

Final Thoughts

The introduction of Law 74/2025 marks a turning point in the Italian citizenship process — especially for families with children born abroad. With stricter deadlines, additional documentation, and the end of automatic transmission, planning ahead is more important than ever.

If you’re an Italian citizen or in the process of becoming one and plan to pass citizenship to your children, make sure you’re aware of these new rules — and act quickly.