Births

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 24^th, 2025, for whom the documentation must be presented before May 31, 2026.

The unconditional deadline is therefore:

• May 31, 2026, 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.

• 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:
    • Valid US Permanent Resident Card or valid US Visa or original US naturalization certificate for the parent of the minor
    • Proof of not naturalization or not acquisition of other citizenships (1): in case of residence of the parent in other countries, for marriages with foreign citizens, or in presence of foreign ancestors

• • CASE A2: Present:
    • Atto/Certificato di nascita for the parent of the minor showing both the father and the mother (original)
    • Copy of the Italian passport or CIE of the grandparent (valid)
    • Copia Integrale dell’Atto di Nascita (or Estratto dell’Atto di Nascita con annotazioni) for the grandparent (original)
    • Proof of not naturalization or not acquisition of other citizenships (1): in case of residence of the grandparent  in other countries, for marriages with foreign citizens, or in presence of foreign ancestors

• • CASE B: Present:
    • Certificato Storico/Cronologico di Residenza for the parent issued by the Comune (original)
    • For Italian parents not born in Italy, Certificato Storico di Cittadinanza (2)

• • CASO C: Contact cittadinanza.houston@esteri.it
  • CASO D: Present:
    • Certificato Storico di Cittadinanza (2) for the parent of the minor
    • If held, Italian passport issued when the parent of the minor was a minor

Notes on documentation

Please be aware that certificates downloaded from ANPR [https://www.anagrafenazionale.interno.it/] and with bar code are considered original.

(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.

(2) It must show “Cittadinanza Jure Sanguinis”, “Cittadinanza per Nascita”, “Cittadinanza per Discendenza” or it must show the date and the reason for recognition/acquisition of the Italian citizenship. Accepted documents are the original of: Certificato Storico di Cittadinanza, Certificato di Cittadinanza, Estratto dell’Atto di Nascita, Copia integrale dell’Atto di Nascita, Certificato issued by the Comune. Accepted documents are copy of: Lettera issued by the Consolato/Ambasciata/Comune, Dichiarazione Consolare, Sentenza del tribunale Italiano con Passato in Giudicato, Decreto di Riconoscimento, Verbale di Giuramento (bring the original if in your possess)

Appointments

The documentation can be presented from parents registered in AIRE with this Consulate, with birth certificate registered with the Comune and with updated residential address.

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, 2026), that is for minors on May 24, 2025, select “Birth Registration for minors ON May 24, 2025”
• For the Regime Generale (with deadline the 3^rd birthday of the minor, that is for minors born after May 25^th, 2025), select “Birth Registration for minors born AFTER May 25, 2025”

Please be aware that:

• At the time of reservation, the form “modulo-nascita: (Italian, English, Spanish) must be uploaded. ONLY if Vital Records events have not been registered yet (marriages, divorces, deaths) the form “modulo-stato-civile” (Italian, English, Spanish) must be uploaded too.  Only .pdf forms with dimention less than 1 MB are allowed. Reservations without the form will be cancelled.
• At the appointment will be possible to present the Vital Records documentation for events happened before the birth only if the “modulo-stato-civile” has been uploaded with the reservation
• You may book the appointment when you have the digital copy of the requested documentation, but the application will be considered complete only at the reception of the original documentation that must be presented at the appointment.
• You will be contacted by email if needed
• New appointments will be opened on Sunday, Tuesday, Wednesday and Thursday at 5pm local time. The appointment will be in two weeks.

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.

For Citizenship by Birth (CASES A1, A2, B, C) only the Italian parent must come.

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^{th, 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