Minor children born abroad to an Italian parent who does not transmit Italian citizenship automatically (please see this link if you think your child qualifies for automatic transmission of citizenship instead), can still acquire Italian citizenship by “beneficio di legge” (acquired by law) as long as they fall into one of the categories below:
- At least one of the parents is an Italian citizen by birth (even though they hold another citizenship). In this case both parents must submit a legally binding statement where they express their intention for their children to acquire Italian citizenship. The statement of intent must be submitted within a year of the child’s birth, or within a year of the date that legally established the ties of filiation with the Italian parent(s) or adoptive parent(s) (art. 4 paragraph 1 bis Law n. 91/1992);
- The child was a minor when D.L. 36/2025 was signed into Law 74/2025 (ie. they were minors on 24 May 2025) and the parent(s) is either an Italian citizen iure sanguinis (recognized through an administrative or judicial process concluded by 11.59 pm (Rome time) on 27 March 2025, or they had been offered an appointment by the same date and time (letter a, a-bis and b, Art. 3-bis, paragraph 1, Law n. 91 enacted 5 February 1992). In this case both parents must submit a legally binding statement where they express their intention for their children to acquire Italian citizenship. The statement of intent can only be submitted by May 31 2026 since this is only a TEMPORARY measure (art. 1 par. 1-ter DL 28 March 2025, n. 36, signed into Law 74/2025). If the child (who was a minor on the date of 24 May 2025), becomes an adult in the meantime, the declaration must be submitted by them personally by the May 31st 2026.
The statement of intent must be submitted in person at the Consulate by both parents during a scheduled appointment by the Citizenship office.
If you believe you qualify for this option based on the regulations outlined above, you must first book an appointment by emailing the Citizenship Office cittadinanza.newyork@esteri.it . The subject line must be “Dichiarazione di volontà di acquisto della cittadinanza italiana” 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.
- 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 at least one of the parents is an Italian citizen jure sanguinis (e.g., documentation received at the time of recognition by the Consular/Embassy or Italian Comune where the recognition processed occurred.
The Citizenship office will evaluate your request and will schedule an appointment ONLY if the documentation, first submitted by e-mail, is complete and correct.
On the day of the scheduled appointment, the applicants must submit the original documents and a receipt of payment of EURO 250,00 per child to the Ministero dell’Interno (Art. 9-bis Law n. 91/1992).
Payment must be made by wire transfer (see bank details below). Bank fees are the sender’s responsibility.
Pay to: “Ministero dell’Interno D.L.C.I Cittadinanza”
Name of the Bank: Poste Italiane S.p.A;
IBAN code: IT54D0760103200000000809020
Reason for payment: Acquisto cittadinanza a seguito di dichiarazione ex art. 9-bis L. 91/1992 / Child’s name and last name
BIC/SWIFT Code of Poste Italiane: BPPIITRRXXX (for international bank transfers);
BIC/SWIFT Code: PIBPITRA (for foreign transactions)
Acquisition of Italian citizenship takes effect from the day after the statement of intention is submitted and accepted.