Minor children of Italian citizens born abroad can be recognized as Italian citizens ONLY if they fall into one of the following three categories:
- one of their parents or grandparents is (or was at the time of death) EXCLUSIVELY an Italian citizen ( 3-bis, paragraph 1, letter c Law n. 91, effective 5 February 1992). To this end, applicants must submit relevant and appropriate documentation as evidence that the parent, or the grandparent, do not (or did not at the time of their death) hold any other citizenships. Please note that a simple statement by the applicant will not be accepted;
- one of their parents (or adoptive parents) resided in Italy for a minimum of two consecutive years AFTER they acquired their Italian citizenship and BEFORE their child was born or adopted (3-bis, paragraph 1, letter d Law n. 91, effective 5 February 1992). To this end, applicants must submit a certificato storico di residenza issued by the Italian Comune where they resided;
- The minor child does not fall into either of the previous categories, but they do not hold any other citizenships. To this end, applicants must submit relevant and appropriate documentation as evidence that the child is not a citizen of another Country. Please note that a simple statement by the applicant will not be accepted.
The changes and amendments in regulations introduced by D.L 36/2025, signed into Law 74/2025, allows minors born abroad, to Italian citizens by birth, to be recognized as Italian citizens ONLY if they fall into one of the aforementioned categories.
The new law establishes certain provisions for minor children born to Italian citizens by birth who do not fall into one of the above categories. These cases follow a different principle, where citizenship is granted by beneficio di legge (subsequently acquired by law after submitting a statement of intent at the Consulate, and not by birth). Therefore, these citizens are not Italian citizens iure sanguinis, but they only become citizens the day after the statement of intent is submitted. For further information on these cases, where automatic transmission of citizenship does not apply, please check the Citizenship page.
In order to obtain Italian citizenship for a minor born abroad who falls within one of the aforementioned categories (letters c and d Art. 3-bis Law 91/1992) the parent(s) must requested that their child’s birth be registered (pursuant to art. 15 D.P.R. 396/2000), following the procedure outlined below:
HOW TO REGISTER A BIRTH
When requesting your child’s original birth certificate from the local authorities, you must always provide them with the parents’ correct personal information, exactly as it appears on your Italian documents. Make sure you check the original certificates, obtained from the local authorities, as soon as you receive them and have any errors rectified immediately, before submitting them to be legalized and translated.
Please note that Law No 169, enacted on 4 November 2024 and effective from December 3rd, 2024, establishes that the crime of surrogacy committed by an Italian citizen (even abroad) can be prosecuted and punished in accordance with Italian law, regardless of whether said practice is allowed in the foreign Country where it occurred. Consequently, surrogacy is a crime punishable by law, pursuant to article 12 paragraph 6 of Law No 40 enacted on 19 February 2004, which already outlines the sanctions for the crime when committed on Italian national territory.
Therefore, please note that in compliance with article 38 paragraph 1 of D.L. No 71 of 3 February 2011, any consular authority who receives a request to register the birth certificate of a child who is presumed to be born via surrogacy is required to inform the relevant Italian judicial authority of the presumed crime when fulfilling the applicant’s request to register their child.
Registering your child’s birth certificate means that the child will also be automatically registered in AIRE. There is no need to request a separate AIRE registration for your child.
In order to have your child’s foreign birth certificate registered in Italy through the Consulate, you must submit the documents listed below.
Required documents
If you believe you qualify for this option based on the regulations outlined above, you must first book an appointment by emailing the Vital Records Office statocivile.houston@esteri.it. The subject line must be “Riconoscimento cittadinanza per minore – Child’s First and Last name” and you must include the following documents in your email:
- Request Registration Form (to be downloaded from this website). The Italian parent must fill in all sections in the form, date and sign it.
- Original birth certificate legalized by Apostille (or other form of legalization for certificates issued in countries that are not signatory countries of The Hague Convention of 1961).US documents must always be issued in LONG FORM (or extended form) and must also contain the exact place of birth of the child as well as date/age and place of births of both parents, according to the prescribed procedure in each US State.
- Italian translation of the original birth certificate (the Apostille does not need to be translated). The translation must be typed, accurate, and must correctly reflect the original text. Dates MUST be entered in the European format (date/month/year). Please check this link for a list of translators (this list is purely for reference and the Consulate is in no way responsible for the quality of their work or the fees they charge).
- Copies of both parents’ valid passports. Please only include the pages with the photo, personal details and signature. If the child already has a US passport (or another foreign passport) please include it in your application.
- Documentation in support of the fact that the minor child falls into one of the aforementioned categories.
IMPORTANT: if the parents’ marriage occurred abroad and it is not yet registered in Italy, you must also submit a request to register the marriage first (link)
If the marriage occurred in Italy, you must provide a self-certification form that details the specifics of the marriage (including date and place) and must be signed by the Italian parent.
If the parents are not married, or were not married at the time of the child’s birth, the following additional documents must be included in the request:
- Acknowledgement of paternity (AOP), also known as Certificate of Parentage, which must be legalized by Apostille and translated into Italian. The AOP is usually signed by both parents at the hospital where the child is born and must be filed, along with the birth certificate, with the local Registry Office of the State or County where the child was born.