Italian Citizenship for Minors: How the “Benefit of Law” Simplifies Everything

For families who recently obtained Italian citizenship, one question always comes next: “Will my children automatically be Italian too?”
Thanks to the 2025 reform (Law No. 74/2025), there is a clear and simple answer yes, through the “benefit of law” (beneficio di legge), a streamlined process that allows parents to secure citizenship for their minor children without restarting the full jure sanguinis application.

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The 2025 Reform: From Automatic Transmission to Formal Recognition

Before the reform, minors often became Italian automatically when their parent was recognized as an Italian citizen.
Today, under Article 3-bis of Law 91/1992, amended by Law 74/2025, this happens only if parents formally confirm their child’s right through a declaration of intent.

This change introduced two goals:

1. Ensuring every recognized child has a real and verifiable link with Italy (legame effettivo).
2. Giving families abroad a grace period the so-called benefit of law to register their children under simplified rules.

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Who Qualifies for the Benefit of Law

You can apply if your child meets any of the following conditions:

• Born before 27 March 2025, while you were still in the process of recognition;
• Recognized, adopted, or registered abroad before the reform;
• Included in a jure sanguinis case not finalized before that date.

This transitional right remains open until 31 May 2026. After that, recognition will no longer be automatic and children will need to apply later as adults through naturalization:contentReference[oaicite:0]{index=0}.

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How to File the Declaration

Parents must present a declaration of intent confirming their wish for the child to acquire Italian citizenship.

Where to file:

• At the Italian Consulate responsible for their legal residence abroad, or
• Directly at the Comune in Italy where their citizenship or AIRE registration is held.

Documents required:

• Child’s long-form birth certificate (apostilled and translated into Italian);
• Parent’s citizenship certificate or decreto di riconoscimento;
• Valid ID and proof of parental authority;
• Proof of payment of the €250 administrative fee:contentReference[oaicite:1]{index=1}.

Once approved, the child is entered into the Italian civil registry or AIRE, and citizenship is officially recognized no separate court decree needed.

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What Happens After May 31 2026

Failing to submit the declaration by the deadline means losing this simplified route permanently.
After that date, minors will no longer be eligible for automatic recognition, and any future application will follow the ordinary naturalization path, requiring residency and language certification:contentReference[oaicite:2]{index=2}.

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How THE CTZN Supports Families

THE CTZN’s legal team helps parents navigate every step:

• Checking eligibility under the benefit of law;
• Preparing certified translations and apostilles;
• Coordinating with Italian consulates and municipalities;
• Ensuring the declaration is submitted before the deadline.

We’ve already guided hundreds of families in the U.S. through this simplified process safely, accurately, and on time.

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FAQ The Benefit of Law (2025 2026)

Is my child automatically Italian once I’m recognized?
Not anymore. You must file the benefit of law declaration before 31 May 2026.

Can both parents sign?
Yes. Both parents can sign before the Consular Officer, but one parent is sufficient if legally authorized.

What if my recognition is still pending?
If your jure sanguinis case was not finalized before 27 March 2025, your child can still benefit as long as the declaration is filed by the deadline.

Does AIRE registration count as citizenship?
No AIRE proves residence abroad, not citizenship. Citizenship is only valid once the declaration is accepted and recorded.

What if my child turns 18 before May 2026?
They must file the declaration personally before the deadline.

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Act Before the Window Closes

The benefit of law is a rare opportunity to secure your child’s Italian citizenship easily and permanently.
Don’t let deadlines or paperwork stand in the way of your family’s heritage.

Check your child’s eligibility for Italian citizenship