The legislative amendments introduced by Decree-Law 36/2025, as converted into Law 74/2025 [link], have introduced important limitations to the transmission of the Italian citizenships’ minors born abroad. New Law 91/92 [link].
A minor born abroad from an Italian citizen parent may be recognized as an Italian citizen if one of the following conditions applies:
CASE A1 – One of the parents is, or was at the time of death, exclusively an Italian citizen (Art. 3-bis, comma 1, lettera C, Legge 91/1992).
CASO A2 – One of the grandparents is, or was at the time of death, exclusively an Italian citizen (Art. 3-bis, comma 1, lettera C, Legge 91/1992).
CASO B – One of the parents permanently lived in Italy for at least two consecutive years after the acquisition of the Italian citizenship and before the minor was born (Art. 3-bis, comma 1, lettera D, Legge 91/1992).
CASO C –The minor does not fall into the previous categories but does not hold any other citizenship.
The changes in the Law allow limited cases of acquisition of the Italian citizenship for minors born abroad of Italian citizen by Birth, who do not follow in the aforementioned categories. In this case it’s an acquisition by “Beneficio di Legge”, and the citizenship is not acquired by birth but the minor becomes citizen the day after the Statement of Intent signed by the parents at the Consulate:
CASE D – If at least one of the parents is an Italian citizen by birth (even if hold other citizenships) and both parents submit a legally binding Statement of Intent to acquire the Italian citizenship (As per Art. 1-ter DL 36/2025, come convertito dalla Legge 74/2025 for minors on May 24, 2025. As per Art. 4, comma 1-bis, Legge 91/1992 for born after May 25, 2025).
Please be aware that the parent must be Italian citizen by birth (also named by Jure Sanguinis or by Descendent), therefore are excluded the citizenship for:
- Naturalization (Art. 9 Legge 91/1992)
- Beneficio di Legge (Art. 1, comma 1-ter Legge 74/25, Art. 4 Legge 91/1992)
- Marriage (Art. 5 Legge 91/1992 o Art. 10 Legge 555/1912)
- Riacquisition (Art 13 o 17 Legge 91/1992)
- Minor resident with a naturalized parent (Art. 14 Legge 91/1992, Art 12, comma 1 Legge 555/1912)
- Special laws on the recognition of the Italian citizenship for born and resident in territories of the Austro-Hungary empire and their descendants (Legge 379/2000 e Legge 24/2006)
Deadline to present the documentation
The new citizenship law has set the deadline to present the requests to 3 years after the birth (Regime Generale).
It has been introduced a Regime Transitorio (Temporary extended terms) for minors on May 24th, 2025, for whom the documentation must be presented before May 31, 2029.
The unconditional deadline is therefore:
- May 31, 2029, for minors on May 24, 2025 (Regime Transitorio)
- The minor’s third birthday for minors born after May 25, 2025 (Regime Generale)
Documentation to present
Starting January 1, 2026, payment will not be required any longer.
It is necessary to present:
- This Consulate will ask for additional documentation if needed
- Identity documents for both parents: all Passports (valid or expired), Carta di Identità italiana (valid or expired, if held), Driver License or State ID (if held), proof of US legal residence (US Passport, Permanent Resident card, Employment Authorization card, Application for Adjustment of Status – valid or expired, if held). ONE Identity document must be valid (not expired).
- Identity documents for the minor: if held
- Documentation needed to register the birth of the minor [link]
- Documentation needed to certify that the minor is eligible for Italian citizenship. In particular:
-
- CASE A1: Present all of:
- Original of: valid US Permanent Resident Card, valid USA Employment Card, valid US Visa or US naturalization certificate for the parent of the minor
- For the parent of the minor (only for: long stay in other countries, marriage with a foreign citizen, foreign ancestors) it could be requested a Proof of Not Naturalization or Proof of Non Acquisition of other Citizenships (documents to present are listed in Nota 1)
- CASE A1: Present all of:
-
- CASE A2: Present all of:
- For the parent of the minor: original of Atto/Certificato/Estratto di Nascita showing both father and mother (issued by the Comune)
- For the grandparent: copy of the Italian passport or CIE (valid)
- For the grandparent: original of Copia Integrale dell’Atto di Nascita (issued by the Comune)
- For the grandparent (only for: long stay in other countries, marriage with a foreign citizen, foreign ancestors) it could be requested a Proof of Not Naturalization or Proof of Non Acquisition of other Citizenships (documents to present are listed in Nota 1)
- CASE A2: Present all of:
-
- CASE B: Present all of:
- Original Certificato Storico/Cronologico di Residenza for the parent (issued by the Comune)
- For Italian parents not born in Italy, Certificato Storico/Cronologico di Cittadinanza (issued by the Comune), or an alternative document as listed in Nota 2.
- CASE B: Present all of:
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- CASO C: Contact cittadinanza.houston@esteri.it
- CASO D: Present:
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- original of Copia integrale dell’Atto di Nascita(issued by the Comune) for the parent of the minor, or an alternative document as listed in Nota 2.
-
Example of documentation.
Notes on documentation
Please be aware that certificates downloaded from ANPR [https://www.anagrafenazionale.interno.it/] and with bar code are considered original.
(Nota 1) Accepted documents are the original of: valid Resident Permit, recent Non-Naturalization Certificate, recent Negative Certificate of Citizenship, recent Certificate of Relinquishment of Citizenship.
(Nota 2) Alternative documents must show “Cittadinanza Jure Sanguinis”, “Cittadinanza per Nascita”, “Cittadinanza per Discendenza” or must show the date and the reason for recognition/acquisition of the Italian citizenship. Accepted documents are the original of (issued by the Comune): Certificato Storico di Cittadinanza, Certificato di Cittadinanza, Estratto per Riassunto dal Registro degli Atti di Nascita, Copia Integrale del Registro degli Atti di Nascita, Certificato showing the reason for citizenship. Other accepted documents are copy of (but bring the original if in your possess): Attestazione Consolare, Decreto di Acquisto Cittadinanza, Verbale di Giuramento, Sentenza di Cittadinanza del Tribunale Italiano con Passato in Giudicato, Lettera-email issued by the Consulate/Embassy/Comune.
Appointments
The documentation can be presented only from Italian parents that satisfy all of the below conditions:
- Are registered in AIRE with this Consulate (information at https://conshouston.esteri.it/it/servizi-consolari-e-visti/servizi-per-il-cittadino-italiano/anagrafe-degli-italiani-residenti-allestero-aire),
- Have their birth certificate registered with the Comune.
- Have their Vital Records updated in our Consular Registry (information at https://conshouston.esteri.it/it/servizi-consolari-e-visti/servizi-per-il-cittadino-italiano/stato-civile),
- Have the residential address updated in our Consular Registry (information at https://conshouston.esteri.it/it/servizi-consolari-e-visti/servizi-per-il-cittadino-italiano/anagrafe-degli-italiani-residenti-allestero-aire/chi-deve-aggiornare-la-propria-situazione-anagrafica).
To present the documentation an appointment can be booked on the portal Prenot@ami. To facilitate the requests for the Regime Transitorio, we have introduced two services:
- For the Regime Transitorio (with deadline May 31, 2029), that is for minors on May 24, 2025, select “Birth Registration for minors ON May 24, 2025”
- For the Regime Generale (with deadline the 3rd birthday of the minor, that is for minors born after May 25th, 2025), select “Birth Registration for minors born AFTER May 25, 2025”
Please be aware that:
- The registration of the minor’s birth will be possible only if for the Italian parent all the marriages/divorces/spouse’s deaths happened before the birth of the minor have been registered in Italy. Reservations without the Vital Records properly updated will be cancelled.
- At the time of reservation, the form “modulo-nascita” (Italian, English, Spanish) must be uploaded. Be aware that the form must be in .pdf format and must be less of 1 MB. Reservations without the form will be cancelled.
- Multiple minors’ births can be registered during the same appointment only if in the form “modulo-nascita” all the minors to be registered are listed.
- Appointments will not be moved for any reason. If you can not attend your appointment (ex. for incomplete documentation), the appointment must be cancelled or postponed. Due to high requests, in case of no-show the account will be suspended.
- Appointments can be reserved when you have a digital copy of the requested documentation, but the original documentation must be presented at the appointment. The appointment must be cancelled/postponed if the complete documentation cannot be presented on the day of the appointment.
- You will be contacted by email only if needed.
New appointments will be opened on Sunday, Tuesday, Wednesday and Thursday at 5pm local time. The appointment will be in two weeks. In case of cancellation the slot will be immediately released, therefore we encourage to check the availability at any time.
At the appointment
At the appointment the Italian parent must present the complete and correct requested documentation. In case of missing documentation, the request will be rejected.
This Consulate may ask for additional documentation, if needed.
The documentation will NOT be returned.
Should come to the Consulate:
- For Citizenship by Birth (CASES A1, A2, B, C) only the Italian parent .
- For Citizenship by Beneficio di Legge (CASE D):
- For minors on the date of the appointment, both parents (with a valid ID) must be present at the Consulate to sign the Declaration of Intent. In case of death of one of the parents, bring the original death certificate. If the Declaration from the parents is not done at the same time, the second signature’s date will take effect
- For minors on May 24, 2025 that are over 18 years old on the day of the appointment, the children (with a valid ID) must be present at the Consulate to sign the Declaration of Intent
The competent office is cittadinanza.houston@esteri.it