Italian Citizenship for Minor Children: A Complete Guide for Parents
Are you a foreigner looking to obtain Italian citizenship by descent? Do you have minor children and are unsure of the procedure? In this article, we will outline the key points concerning minors in the context of Italian citizenship. We also suggest reading this article on minors, children of those who have lost Italian citizenship.
First, let’s briefly recap the concept of Italian citizenship.
The concept of Italian citizenship represents the bond between an individual and the Italian State. The civitatis, this legal bond, guarantees civil and political rights according to the legal system. In Italy, the modern idea of citizenship was established with the constitution of the unified State and is currently regulated by Law No. 91 of February 5, 1992.
How is Italian citizenship acquired?
Italian citizenship is acquired according to the principle of jus sanguinis, that is, by birth or adoption by Italian citizens. There is also the residual possibility of obtaining Italian citizenship by jus soli, by being born in Italian territory to stateless parents, or to unknown parents, or to parents unable to transmit their citizenship according to the law of their State of origin.
Italian citizenship can also be obtained through marriage, with recognition by the prefect of the applicant’s province of residence.
What is European citizenship?
European citizenship, on the other hand, is not an acquired status but is guaranteed to every citizen of a member State of the European Union. It entails a series of specific rights, including the freedom of movement and residence within the Union’s territory, the right to vote and stand for election in local and European Parliament elections in the country of residence, consular protection in third countries, the right to petition the European Parliament, and appeals to the European Ombudsman.
What is the automatic acquisition of Italian citizenship?
Italian citizenship is fundamentally linked to the social core: the family. Our legislation, based on the principle of jus sanguinis, emphasizes the biological bond and the right of kinship. Consequently, a minor born abroad to Italian parents enjoys the same citizenship status as one born in Italy to Italian parents.
The same principle applies to a minor born to a family with one Italian parent and one foreign parent. In this case, regardless of the place of birth, the Italian parent automatically transmits Italian citizenship to the child.
The transmission of Italian citizenship can occur in various ways:
- By birth (jus sanguinis): The child of Italian parents, both father and mother, is considered an Italian citizen, including a child born abroad to Italian parents. Italian citizenship acquired by birth on Italian territory to non-Italian parents is allowed only in two circumstances:
- Both parents are unknown or stateless;
- Neither parent can transmit their citizenship to the child according to their State’s laws. Additionally, a child of unknown parents found on Italian territory is considered an Italian citizen, provided that no other citizenship is proven. An example of this situation is a child not recognized by any parent at birth.
- By adoption: If a foreign minor is adopted by an Italian citizen, they automatically acquire Italian citizenship. If the adoptee is of legal age, they can apply for naturalization after five years of legal residence in Italy, following the adoption.
- By recognition or judicial declaration of filiation: If an Italian citizen recognizes a minor child after birth, the child automatically acquires Italian citizenship, with retroactive effect from the date of birth. If the recognition or judicial declaration concerns an adult child, they retain their original citizenship but have the option (within one year of recognition, judicial declaration, or declaration of the foreign ruling’s effectiveness) to opt for Italian citizenship. If a natural filiation recognition by an Italian citizen towards a foreigner is annulled for lack of truthfulness, all acts related to the child’s citizenship are automatically annulled.
- By the acquisition or reacquisition of Italian citizenship by the parents: The minor child of someone who acquires or reacquires Italian citizenship automatically obtains citizenship, provided they live stably and effectively with the parent. According to Article 12 of the implementing regulation of D.P.R. No. 572/93, stable and effective cohabitation, adequately documented, is required. This cohabitation must be in place at the time of the parent’s acquisition or reacquisition of citizenship. If cohabitation begins later or is interrupted, the minor child will not obtain Italian citizenship. Jurisprudence has emphasized that, for the minor child to acquire citizenship upon the parent’s acquisition, cohabitation abroad is relevant. This applies even if the parent spends periods with the child interspersed with absences due to work or other reasons, provided there is sufficient continuity of cohabitation to maintain a physical bond between parents and children.
- Transmission from parent to child: Italian citizenship passes from parent to child, regardless of the place of birth or possession of foreign citizenship in the country of residence. This includes foreigners of Italian descent: even a child born abroad to an Italian citizen is considered an Italian citizen. In this case, Italian citizenship is granted through the transcription of the birth certificate by the Italian consular authority at the place of birth. Thus, a descendant born abroad to an Italian citizen, who moved abroad in the past, is an Italian citizen by birth, provided neither they, their ancestors, nor their Italian ancestor ever expressed the intention to renounce Italian citizenship. If the descent from an Italian parent or ancestor is not recorded in the Italian civil status registers, it is necessary to verify and confirm that all ancestors have maintained and transmitted Italian citizenship. The competent authority for this verification depends on the place of residence: for residents abroad, it is the territorially competent diplomatic-consular authority; for residents in Italy, it is the Civil Status Officer of the municipality of residence. Finally, it is worth noting that in the case of judicial appeal in Italy, due to long waiting times at the Consulate, minor children can be regularly included in the same.
Conclusion
After this brief guide, the regulations for obtaining Italian citizenship for minor children should be clearer. Do not hesitate to contact one of our Italian lawyers specializing in Italian citizenship for legal advice.
We invite you to read some of our articles, always on the subject of citizenship:
click here to learn more about the role of consulates
click here to learn more about the certificate of non-naturalization
