Births

Legal Guidelines

The legislative changes introduced by Decree-Law 36/2025, as converted by Law 74/2025, have introduced significant limitations on the transmission of Italian citizenships to minors born abroad. The new full text of Law 91/1992 is available.

Under the new law, minor children born abroad to Italian citizens may fall into one of the following three categories:

1. May be recognized Italian citizens from the day of birth (also known as Citizenship by Descent, Citizenship Jure Sanguinis, Citizenship by Birth)
2. May, in limited cases, acquire Italian citizenship from the day following the parents’ signing of the Declaration of Intent (also known as Citizenship by Beneficio di Legge)
3. Cannot obtain Italian Citizenship

Citizenship by Descent for minors born abroad

Minor children born abroad to Italian citizen may be recognized as Italian Citizens by Descent if they fall into one of the following cases:

CASE A1 – On the day of the minor’s birth, one parent holds exclusively Italian citizenship (Art. 3-bis, comma 1, lettera C, Legge 91/1992 applies).

CASE A2 – On the day of the minor’s birth, one grandparent holds exclusively Italian citizenship (Art. 3-bis, comma 1, lettera C, Legge 91/1992 applies).

CASE B – One parent has been resident in Italy for at least two consecutive years after acquiring Italian citizenship and before the child’s birth (Art. 3-bis, comma 1, lettera D, Legge 91/1992 applies).

Citizenship Jure Beneficio di Legge

Minors born abroad may acquire Italian citizenships by Beneficio di Legge if at least one of their parents is Italian citizen by Descent (even if the parent holds another citizenship) and both parents sign a Declaration of Intent to acquire Italian citizenship:

• CASE D1 – For children who were still minors on May 23, 2025, 1-ter DL 36/2025, as converted by Legge 74/2025 applies.
• CASE D2 – For children born on or after May 24, 2025, 4, comma 1-bis, Legge 91/1992 applies.

The parent must be Italian Citizen by Descent. Therefore, CASE D1 or CASE D2 do NOT apply if the parent acquired Italian citizenship through one of the following:

• Naturalization(Art. 9 Legge 91/1992) based on residence in Italy

• Marriage (Art. 5 Legge 91/1992 o Art. 10 Legge 555/1912) to an Italian citizen
• Beneficio di Legge (Art. 4 Legge 91/1992; Art. 1, comma 1-ter Legge 74/2025)
• Reacquisition (Art 13 or 17 Legge 91/1992) of Italian citizenship
• Jure Communicatione (Art. 14 Legge 91/1992; Art 12, comma 1 Legge 555/1912) through cohabitation as a minor with a parent who acquired Italian citizenship
• Special Laws (Legge 379/2000 e Legge 24/2006) for those born in territories belonging to the former Austro-Hungarian Empire or in the territories of Istria
• All other cases of acquisition of Italian citizenship

They cannot obtain Italian citizenship

Minors born abroad who do not fall under the cases listed above, CANNOT obtain Italian Citizenship.

For example, the following cannot obtain Italian citizenship:

• The minor child of an Italian citizen who acquired citizenship through marriage to an Italian citizen, if the child was born to a non-Italian citizen
• The minor children of an Italian citizen who reacquired Italian citizenship, if the child was born after the parent reacquired Italian citizenship

Deadlines

The mandatory deadline for submitting the required documentation is:

• The day before the child’s 18^th birthday, for cases A1, A2, or B
• May 31, 2029, for case D1 (children who were minors on May 23, 2025)
• The day before the child’s 3^rd birthday, for cases D2 (children born on or after May 24, 2025)

Documentation to submit

As of January 1, 2026, the payment of the previously required €250 contribution is no longer due. Requests for the transcription of births will therefore be accepted free of charge.

The following documentation is required:

1. Additional documentation or supplementary information. This Consular Office may request additional documentation or supplementary information whenever it deems it necessary.
2. Identity documents for both parents (valid or expired): Passports of all nationalities, Italian Carta di Identità (if held), Driver License or State ID, proof of legal residence in US (US Passport, US Permanent Resident card, US Employment Authorization card, US Visa, Application for Adjustment of Status). At least one document must be valid (not expired). Bring photocopies of all documents (passports: page containing personal inforamation and signature; Carta di Identita’: front and back; Driver License, State ID, Permanent Resident card, Employment Authorization card: front only).
3. Identity documents for the minor (valid or expired, if available): Passports of all nationalities,  State ID or Driver License. Bring photocopies of the documents (follow the guidelines above).
4. Documentation required to register the child’s birth [link]
5. Documentation proving that the minor is eligible for Italian citizenship. Specifically:

CASE A1: the child’s parent submit all of the following:

• The original US Permanent Resident Card, USA Employment Card, US Visa or US Certificate of Naturalization (if the naturalization occurred after the minor’s birth). If these documents have expired, the original Application for Adjustment of Status must also be provided
• (In case involving residence in other foreign countries, marriage to a foreign national, or if you have foreign ancestors,) proof that the parent have not been naturalized of acquired another citizenship may be required. The documents to be submitted are listed in the section “Notes on Documentation/Proof of Non-naturalization”.

CASE A2: Submit all of the following:

• For the child’s parent: original of Atto/Certificato/Estratto di Nascita con indicazione della paternità e maternità (issued by the Comune).
• For the child’s grandparent: copy of a valid Italian passportor CIE.
• For the child’s grandparent: original of Atto Integrale di Nascita (issued by the Comune).
  • For the child’s grandparent, (in cases involving residence in other foreign countries, marriage to a foreign national, or if he has foreign ancestors,) proof of non-naturalizarion or of not having acquired another citizenship may be required. The documents to be submitted are listed in the section “Notes on Documentation/Proof of Non-naturalization”.

CASE B: Submit all of the following for the child’s parent:

• The original Certificato Storico/Cronologico di Residenza(issued by the Comune)
• For Italian parents not born in Italy, the original of Atto Integrale di Nascita (issued by the Comune)

CASE D1 or D2: Submit for the child’s parent:

• The original of Atto Integrale di Nascita, also known as Copia Integrale dell’Atto di Nascita or Estratto per Copia Integrale dell’Atto di Nascita (issued by the Comune)
• The original of Certificato Storico/Cronologico di Cittadinanza (issued by the Comune) indicating the type of citizenship (e.g. by Art. 14, by Art 5, Jure Sanguinis, etc) and the effective date (e.g. from birth, from 1/1/1990, etc.). We are aware that some Comuni do not issue this type of certificate, however, the certificate must still be requested.

You can download the checklist of required documents.

Examples of accepted documents.

Notes on documentation

Originals

The following are considered original documents:

1. Paper certificates issued by the Comune that bear the Comune’s stamp, the signature of the issuing official, and the date of issuance. Printouts of certificates received via email are not accepted.
2. Digital certificates with a QR code issued through ANPR o ANSC. Please note that Certificati Storici/Cronologici are NOT available with a QR code.
3. Certificates sent by the Comune via certified mail (PEC) directly to houston@cert.esteri.it.

How to obtain a certificate from the Comune

To request a paper certificate, you must:

1. Go the the COmune in person OR send a representative. In the latter case, the representative must have your written authorization and a copy of your valid ID).
2. Present a valid ID.
3. Have cash available for payment (approximately 20 €).
4. Once the certificate has been obtained, ask your representative to mail the original to your home address.

To obtain a digital certificate with QR code:

1. We recommend checking https://www.anagrafenazionale.interno.it/anpr/numeri/#adesioni-ANSC to determine when your Comune joined the ANSC (usually in 2025). Only acts registered after that date can be issued with QR code. Please note that Certificati Storici/Cronologici are NOT available with a QR code.
2. Make sure you have SPID or CIEid.
3. Go to https://www.anagrafenazionale.interno.it/ and log in using your SPID or CIEid.

To request that a certificate be sent via certified mail (PEC) to this consulate:

1. Search your Comune’s website for the email address of the office from which you need to request the certificate.
2. In the email, provide your personal information (first, middle and last name as shown on your Italian passport, date of birth, place of birth), specify the type of certificate you are requesting, and state the purpose (requested by the Consulate in Houston for the registration of a minor child’s birth).
3. In the email, request that the certificate be sent to houston@cert.esteri.it with your email address in CC.
4. As soon as you receive the email from the Comune, verify that the requested certificate is the correct one and that it was sent to houston@cert.esteri.it. ONLY in this case should you forward the Comune’s email to cittadinanza.houston@esteri.it, asking the office to verify that the certificate was received correcly.
5. We have been informed that when using a personal certified email address (PEC) (from which your first and last name are clearly identifiable), municipalities tend tp respond more quickly to requests.

Proof of Non-Naturalization

The following documents are accepted:

• The original, valid Residence Permit
• Alternatively, one of the following documents issued after the child’s date of birth and bearing an Apostille: Certificate of Non-Naturalization, Certificate of Non-Citizenship, Certificate of Renunciation of Citizenship.

Appointments

The documentation may be submitted by an Italian parent who meets all of the following conditions:

1. Is registered with AIRE at this Consulate
2. Has an up-to-date residential address registered in Fast-It
3. The birth certificate has been registered with the Comune
4. All civil status events (such as marriages, divorces, deaths of a spouse) that occurred before the child’s birth have been registered with the Comune

To submit your documents, you musts schedule an appointment on the Prenot@ami portal.

Two services are available:

• For minors falling under categories A1, A2, or B, select the service “Births registration for Categories A1, A2, or B”
• For minors falling under categories D1 or D2, select the service “Births registration for Categories D1, or D2”

Please note that:

• At the time of booking, you must upload both of the following:

1. 1. The Modulo di richiesta di trascrizione dell’atto di nascita form for ALL minors to be registered. The form must be undated and unsigned.
   2. Scanned copies of the documents listed in point 5 of the “Documents to be submitted” section
   3. (Please note that attached files must be in PDF format and may not exceed 1 MB in size)

• Reservations will be cancelled:
  • If the applicant is not registered with AIRE at this consulate
  • If the applicant’s civil status is not up to date
  • If the two required attachments are incorrect or deemed incomplete
• More than one birth may be registered during a single appointment ONLY IF  the Modulo di richiesta di trascrizione dell’atto di nascita form has been uploaded for ALL minors. We recommend scanning all forms into a single .pdf file
• If you are unable to attend your appointment, you must cancel or reschedule it.  Due to high demand, accounts will be suspended in the event of a no-show
• Appointments cannot be rescheduled by this office. The applicant must change the appointment date through Prent@ami.
• Please carefully read the instructions you will receive automatically after booking
• You will be contacted by email only if deemed necessary by this office

New appointments are automatically added on Sunday, Wednesday and Thursday at 5pm local time. The appointment date will be in two weeks. Because canceled appointments are immediately made available to the public, we recommend checking the Prenot@ami portal at different times and on different days as well.

At the appointment

At the appointment, the Italian parent must submit all required documentation in complete and  correct form, as specifeid by this office.

Due to high demand, applications with incomplete documentation will be rejected and the applicant’s appointments for the following 3 months will be cancelled.

This Consulate reserves the right to request additional documentation if it deems it necessary.

Please note that all documentation submitted will NOT be returned but will be retained in the Archives of this Consulate General.

The following individuals must appear in person at the Consulate:

• In case of Citizenship by Descent (categories A1, A2, or C): only the Italian parent must appear in person
• In case of Citizenship by Beneficio di Legge (categories D1, or D2):

• • If the children are still minors, both parents must be present at the Consulate to make the Declaration of Intent. In the event of the death of one of the parents, bring the original Death Certificate
  • For children who were minors as of May 23, 2025, but have since reached the age of majority (18 years old), the child must appear in person at the Consulate to make the Declaration of Intent.

 

The competent office is cittadinanza.houston@esteri.it.