Italian Citizenship for Minors After Law 74/2025: The May 31, 2026 Deadline You Cannot Miss
Law 74/2025 introduced a new pathway for minor children of Italian citizens to acquire citizenship, but it comes with strict deadlines and residency requirements. For certain categories of minors, declarations must be submitted by May 31, 2026. Parents who miss this deadline may lose the opportunity permanently.
The Beneficio di Legge Pathway
The conversion of D.L. 36/2025 into Law 74/2025 in May 2025 included provisions specifically addressing minors. These provisions create a limited pathway for children of Italian citizens who would otherwise be excluded by the two-generation limit. The rules vary by the child’s age and circumstances.
Provisions by Category
Children born after May 24, 2025 (newborns): A parent or guardian who is an Italian citizen by birth and registered with AIRE can submit a declaration for the child to acquire Italian citizenship. The declaration must be made within one year of the child’s birth. If submitted within three years of birth, the child can acquire citizenship while residing abroad. If more than three years have passed, the child must reside in Italy for two consecutive years for the declaration to take effect.
Children who were minors as of May 24, 2025: Parents can submit a declaration, but the child must then legally reside in Italy for at least two consecutive years for the citizenship to take effect. This is a significant practical barrier for families living in the United States, Brazil, Argentina, or other countries far from Italy.
The May 31, 2026 deadline: For minors as of May 24, 2025 who are children of citizens whose own citizenship was recognized under the pre-decree rules (exceptions a, a-bis, and b of Article 3-bis), declarations may be submitted until May 31, 2026.
The Two-Year Residency Requirement
For children over one year old, the citizenship declaration only takes effect if the child legally resides in Italy for at least two consecutive years after the declaration is made. “Legal residence” means actual physical presence with proper registration at a municipal anagrafe, not merely owning property or having a theoretical address.
This requirement makes the pathway impractical for many diaspora families. Moving a child to Italy for two years requires parental relocation, school enrollment, housing, and visa arrangements. For families with multiple children, jobs, and established lives abroad, this is not a trivial commitment.
The Renunciation Option
A minor who acquires citizenship through the beneficio di legge pathway may renounce it upon reaching the age of 18, provided they hold another nationality. This is a departure from the traditional jure sanguinis framework, where citizenship was considered a permanent, imprescriptible birthright. The inclusion of a renunciation option reflects the government’s view that citizenship acquired under this pathway is closer to a grant than a recognition.
What Parents Should Do Now
If you are an Italian citizen with minor children who may qualify under these provisions, you should contact your local Italian consulate immediately to understand the specific documentation and procedural requirements. The May 31, 2026 deadline applies to a specific category, but processing times at consulates vary widely. Starting the process now is essential.
If the two-year residency requirement is a barrier, consult a qualified attorney about whether the judicial route may offer an alternative path for your children’s citizenship recognition.
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This article is provided for informational purposes and does not constitute legal advice.