3 Additional Years to Secure Italian Citizenship for Minors Born Abroad to Italian Citizens

The government of Italy has extended a critical deadline that affects thousands of families worldwide. Under the provisions of Decreto-Legge (DL) 36/2025, converted into Law 74/2025, the date to secure Italian citizenship for minors born abroad to Italian citizens has been pushed from May 31, 2026, to May 31, 2029. This extension grants families three years of additional time to complete the required declaration process—a significant relief for those navigating consular backlogs and document requirements.

This article, written from the perspective of Bersani Law Firm, a boutique Italian immigration and citizenship practice headquartered in Verona and led by Italian citizenship lawyer Marco Bersani, addresses what this change means in practical terms. If you have children born outside Italy and at least one parent holds Italian citizenship, this news directly concerns your family. The extension is welcome, but waiting until the final months before May 31, 2029 would be a mistake. Consular appointments, document apostilles, and administrative processing take time—often more than families anticipate.

Legal Framework: Law 91/1992, DL 36/2025 and the “Beneficio di Legge”

Italian citizenship is governed primarily by Law no. 91 of 5 February 1992, which has been amended multiple times over the decades. For minors born abroad to Italian citizens, the acquisition of citizenship is not always automatic. Instead, it may require a formal declaration—a process referred to as the “beneficio di legge.”

Under the revised system introduced by Decreto-Legge 36/2025, citizenship is no longer automatically granted at birth for minors born abroad to Italian parents. Instead, a formal declaration process is required.

The beneficio di legge applies when a child is born outside Italy to at least one Italian parent, but the circumstances do not meet the criteria for automatic transmission. In these cases, the Italian Citizens parents must submit a binding statement of intent declaring their wish for the child to acquire Italian citizenship.

Here is how DL 36/2025 modified the applicable rules:

• The Italian Citizenship decree, called for”Tajani Decree”, signed in March 2025 and converted into law by June 2025, introduced new procedural requirements and strict deadlines for declarations
• It established that minors who were underage on May 24, 2025, fall under transitional provisions with a specific filing window
• The 2026 Budget Law, effective January 2026, extended the original deadline from one year to three years for future births and prolonged the transitional deadline to May 31, 2029

This extension was designed in accordance with the reality that families abroad often face significant delays in obtaining consular appointments and gathering correct documentation. Official maximum processing times for Italian Citizenship applications have been extended from 24 to 36 months.

What Exactly Has Changed: From 31 May 2026 to 31 May 2029

The most concrete change is the extension of the ultimate deadline to submit the declaration of intent for eligible minors. Previously, the ultima data utile—the final useful date—was set for May 31, 2026, under earlier Budget and Milleproroghe provisions.

DL 36/2025, as amended and integrated by the 2026 Budget Law, has now pushed this final deadline to May 31, 2029. The key points are:

• Before the amendment: Families had until May 31, 2026, to file the declaration for minors covered by the transitional rules. A special deadline of May 31, 2026, exists for children who were minors on May 24, 2025, and whose parents were recognized as citizens by March 27, 2025.
• After the amendment: The new deadline is May 31, 2029, providing an additional three years
• Important clarification: This is not an automatic extension of citizenship—it is extra time to file the required declaration at the competent Italian Consulate abroad or at the Comune in Italy if the family has residence there
• For post-May 2025 births: The standard window is now three years from the child’s birth or filiation recognition date, not one year as initially proposed.

The regulations now give families breathing room, but the filing requirement remains mandatory. Missing the deadline results in permanent loss of eligibility under this pathway.

Who Is Affected: Minors Born Abroad to Italian Citizens

The target group is clearly defined: minors born outside Italy to at least one Italian citizen, whose Italian Citizenship depends on a declaration by the parents under the modified Law 91/1992.

• Age requirement: The child must be a minor at the time of the declaration, meaning the filing must occur before the person turns 18. If the child reaches adulthood within the window, they may personally submit the declaration. Once a child turns 18, they can no longer benefit from parent-led declarations and must apply for citizenship independently. Both parents must participate in the declaration process, regardless of nationality or marital status.
• Parent’s citizenship: At least one parent must have been an Italian citizen at the time of the child’s birth or subsequent recognition of filiation abroad. Parents who acquired citizenship via naturalization, marriage, or post-birth benefits do not qualify for this specific mechanism
• Countries of birth: The rules apply regardless of the country of birth—whether the United States, Canada, Brazil, the United Kingdom, Australia, or other territories—as long as Italy recognizes the civil status act and filiation
• Distinction from classic jure sanguinis: This regime is different from classic citizenship by descent cases involving ancestors born in Italy several generations ago. Those cases follow separate procedures and are not subject to the May 31, 2029 deadline

For example, a child born in 2024 in New York to an Italian-born parent who has lived abroad without prior two-year Italian residence falls under these transitional rules and must have a declaration submitted by May 31, 2029.

Requirements and Procedure: The Parents’ Declaration of Intent

Under the current system, citizenship is not automatic at birth for these minors. Instead, a binding declaration by the parents is needed before the competent authority. The procedure involves several concrete steps.

• Joint declaration requirement: Both parents (or the sole custodial parent or guardian in specific circumstances) must sign a legally binding dichiarazione di volontà. This declaration states the intent for the child to acquire Italian citizenship
• Filing deadline: The declaration must be submitted within the legal timeframe, now extended up to May 31, 2029, at the competent Italian Consulate abroad or at the Comune office in Italy if the family has residence there
• In-person appearance: In most consulates (such as New York, London, or Sydney), the declaration is presented in person during an appointment with the Citizenship office. Required documents typically include original birth certificates (apostilled), proof of the Italian parent’s citizenship, and valid identification
• Fee changes: Previous regulations required a consular fee of EUR 250 to the Italian Ministry of the Interior for certain applications. The 2026 Budget Law abolished this specific fee effective January 1, 2026, though ancillary costs for document translation, legalization, and certifications may still apply depending on the jurisdiction

Families should request advance guidance from their consulate regarding current fee rules and appointment availability. Processing times vary significantly by location.

Why the 3-Year Extension Matters for Families Abroad

The three-year extension to May 31, 2029 is more than a technical modification to the regulations. It has real-life impact for Italian families scattered across the planet.

• Relief from appointment pressure: Families previously struggling to obtain consular appointments before May 31, 2026, now have until May 31, 2029. This eases pressure and allows more time to gather documents and complete requirements
• Addressing consular backlogs: Consular backlogs in jurisdictions like the United States, United Kingdom, Brazil, and Argentina made it difficult—sometimes impossible—to comply with the original 2026 deadline. Wait times of 12 to 24 months are common in major hubs
• Preventing citizenship loss: Without this extension, many minors risked aging out or missing the deadline, potentially losing a straightforward path to Italian citizenship and European Union mobility
• Accommodating international family realities: The extension better aligns with the reality of international families where one parent may not immediately be aware of the declaration requirement after a child’s birth abroad. News of the requirement often reaches families in response to questions about passports or residence

Once citizenship is obtained, the child gains access to EU education, healthcare, and work opportunities—benefits that extend well beyond Italy’s borders.

Practical Steps and How Bersani Law Firm Can Assist

Do not wait until 2029. The best approach is to start the citizenship process as early as possible, ideally while the child is still a young minor. Here are the recommended steps:

• Verify the Italian parent’s status: Confirm the parent’s citizenship registration and AIRE (Anagrafe degli Italiani Residenti all’Estero) enrollment. Ensure the child’s foreign birth certificate is correctly issued and apostilled
• Check consulate requirements: Visit the website of your competent Italian Consulate to review specific booking procedures, required documents, and any updated fee rules following DL 36/2025. Each consulate may have slightly different forms and appointment systems
• Seek professional support: Bersani Law Firm offers preliminary eligibility assessments, correction of civil status records, coordination with Italian municipalities, and strategic planning to meet the May 31, 2029 deadline
• Plan for delays: Document receipt, translation, and apostille processes in certain countries can take months. Consular appointment availability is unpredictable. Build a timeline that accounts for these realities

Bersani Law Firm specializes in Italian citizenship matters—whether by descent, marriage, or 1948 court cases—and serves clients from North America, Latin America, Europe, and beyond. Our office in Verona works directly with Italian municipal authorities and can coordinate the entire process on your behalf.

If you have minors born abroad and want to determine their eligibility, contact Bersani Law Firm for a consultation. The extension to May 31, 2029 provides breathing room, but early action remains the correct approach to securing your child’s Italian citizenship and their future in the European Union.