GENERAL INTRODUCTION
Italian citizenship is based on the principle of “right of blood” — meaning that if your parent is Italian, you may also be Italian.
This principle was set out in Law 555 of 1912 and reaffirmed in Law 91 of 1992, which states:
“A person is an Italian citizen by birth if their father or mother is an Italian citizen.”
What Changed Recently?
In 2025, the law was updated through Decree-Law 36/25, later signed into Law 74/25. These changes set new limits on the automatic recognition of Italian citizenship, especially for people born outside of Italy who also hold another citizenship. According to the newly updated Article 3-bis of Law 91/92, if you were born abroad and have another citizenship, you are now considered to have never acquired Italian citizenship automatically, even if you would have qualified under the older rules — and even if you were born before the current law took effect.
(a.1) Exceptions
You may still be recognized as an Italian citizen from birth, even though if you were born abroad and have another nationality, provided at least one of the following requirements apply:
- You applied by 11:59 PM (Rome time) on March 27, 2025 — either through an administrative procedure or a court case — or you have an appointment that was offered before that deadline and subsequently confirmed by the applicant.
- Your parent or grandparent hold only Italian citizenship or they only held Italian citizenship at the time of their death.
- Your Italian parent (biological or adoptive) lived in Italy for at least two continuous years after becoming an Italian citizen and before you were born or adopted.
The changes introduced by Decree-Law 36/2025, as signed into Law 74 of 2025, not only set out the conditions under which Italian citizenship can be recognized at birth (as outlined in Article 3-bis, paragraph 1, letters a, a-bis, b, c, and d of Law 91/1992), but also introduced new cases where citizenship can be acquired by law (“beneficio di legge”).
(b) Citizenship acquired by law
Who does this apply to?
This apply to minor children born abroad to a parent who is an Italian citizen by birth — but who does not automatically pass on Italian citizenship (i.e., minors who do not meet the requirements needed to be recognized as Italian citizens at birth under Article 3-bis of Law 91/1992).
Under these circumstances, the child can still become an Italian citizen through a process called “acquisition by law” (beneficio di legge) if one of the following options applies.
(b.1) Legally binding statement by both parents, submitted within one year of the child’s birth (or adoption) (Article 4, paragraph 1-bis, letter b of Law 91/1992):.
All of the following requirements must be met:
- At least one parent is an Italian citizen by birth AND
- Both parents submit a formal statement of intent to acquire Italian citizenship for the child within a yearof the child’s birth, or within a year of the date when the ties of filiation with the Italian parent(s) or adoptive parent(s) is legally established.
(b.2) Legally binding statement by both parents, submitted by May 31, 2026 (Article 1, paragraph 1-ter of Decree-Law No. 36 of March 28, 2025, as converted by Law 74/2025)
All of the following requirements must be met:
- The child was a minor on May 24, 2025(the day DL 36/25 was signed into Law 74/2025) AND
- At least one of the parents is an Italian citizen by birth whose citizenship was recognized based on an administrative or judicial procedure submitted by 11:59 PM (Rome time) on March 27, 2025, or based on an appointment offered to the applicant by that same date and time (Art. 3-bis, par. 1, letters a, a-bis, b Law 91/92); AND
- The parents submit a statement of intent for the child to acquire Italian citizenship by May 31, 2026. If the child, who was a minor on the date of May 24, 2025, becomes an adult in the meantime, they must personally submitthe declaration by May 31, 2026.
📌 In the above cases of acquisition by law, citizenship is NOT granted from birth, but it takes effect the day after the statement is submitted at the Italian Consulate.
Finally, pursuant to Article 17, paragraph 1 of Law 91 of 1992, as amended by Law 74/25, which signed into law Decree-Law 36/25, former Italian citizens can reacquire their citizenship but only under specific conditions.
This applies to former Italian citizens who:
- Were born in Italy, or resided in Italy for at least two consecutive years, AND
- Lost their Italian citizenship before August 16, 1992, due to one of the following reasons:
- They naturalized in a foreign Country;
- They renounce their Italian citizenship following the involuntary acquisition of a foreign citizenship
- They were a minor child living with a parent who lost Italian citizenship
⚠️ This option does NOT apply to individuals who renounced or lost their Italian citizenship on or after August 16, 1992, for any reason.
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IN ORDER TO SUMMARIZE
According to Law n.91/1992, as amended by decree-law no.36 /2025, signed into Law 74/2025, you can apply for Italian citizenship:
- By descent (Citizenship by descent – iure sanguinis/ Citizenship by direct descent)
- Acquisition (Acquisition of Italian citizenship: minor children born abroad)
- By re-acquisition (Reacquisition of Italian citizenship)
- By marriage or civil union
- According to Law no. 124 of 8 March 2006
Please carefully check the section that is relevant to your case and read the specific legal requirements.
Applications for citizenship must be submitted in the applicant’s country of residence, specifically at the Italian Consulate or Embassy responsible for that jurisdiction. If the applicant resides in Italy, they should contact their Comune in Italy.
The Consulate General of Italy in New York has jurisdiction over the following US States:
- New York
- Connecticut
- New Jersey (limited to the counties of Bergen, Essex, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Passaic, Somerset, Sussex, Union and Warren)
- The British Territory of Bermuda
N.B. Applications for Italian citizenship by descent are subject to the payment of a fee of EURO 600.00. The payment must be made in US dollars by money order, payable to the Consulate General of Italy in New York at the applicable exchange rate for the relevant calendar quarter. Please check the current consular fees here. The payment must be made regardless of the outcome, and it will not be returned should your application be denied.
The declaration of the intent to re-acquire Italian citizenship, pursuant to art. 17, par. 1-bis Law 91/1992, is subject to the payment of a fee of EURO 250.00. The payment must be made in US dollars by money order payable to to the Consulate General of Italy in New York at the applicable exchange rate for the calendar quarter. Please check the current consular fees here.
ALL other citizenship applications (acquisition, reacquisition by residency and renouncing your citizenship etc.) are subject to the payment of EUR 250 as set out in art. 9-bis, Law no. 91 of 5 February 1992. The fee must be paid to the Ministry of Interior according to the instructions provided in the different sections of this website. SEE THE RELEVANT SECTION OF THIS WEBSITE.