Italian Citizenship Minor Children Restrictions Law 74

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Law 74/2025 New Italian Citizenship Restrictions for Minor Children (art. 14 L 91/92)

 

 

This article is available also in Italian.

The 2025 reform of Italian citizenship law has introduced fundamental changes for citizenship transmission to children born abroad. Law 74/2025 doesn’t only affect descendants of Italian emigrants but also profoundly modifies citizenship transmission from Italian parents by acquisition.

Who Are Italian Citizens by Acquisition?

Italian citizens by acquisition are those who obtained Italian citizenship not through descent (ius sanguinis), but through:

  • Naturalization after a period of legal residence in Italy
  • Marriage to an Italian citizen
  • Reacquisition of citizenship

How Do Minor Children of Naturalized Parents Acquire Italian Citizenship?

Before Law 74/2025 Reform

Automatic Acquisition Through Cohabitation

According to Article 14 of Law 91/1992, minors who lived stably with their naturalized Italian parent automatically acquired Italian citizenship at the moment of the parent’s oath ceremony.

Essential Conditions:

  • The child must be a minor
  • Must live stably with the parent at the time of the parent’s citizenship acquisition

After Law 74/2025 Reform

Article 14 of Law 91/1992, provides that:

  • Minor children of parents acquiring Italian citizenship can also acquire it, provided the minor has resided legally and continuously in Italy for at least two years at the time of the parent’s citizenship acquisition
  • If the minor is under two years old, the requirement is considered satisfied if the child has resided in Italy since birth.

 

Key Points of the New Legislation

Residency Requirements for Minor Children

  • Stable and effective cohabitation between parent and minor child remains a requirement
  • New requirement: Legal and continuous residence in Italy for at least two years at the time of the parent’s citizenship acquisition
  • For children under two years: continuous residence in Italy since birth

Practical Example

Thomas moves to Italy from the UK, leaving his wife and newborn son Jacob behind. After 10 years, he acquires Italian citizenship through residency. His son Matthew, now 10 years old, cannot acquire citizenship through his father because he remained living in the UK and doesn’t meet the two-year residency requirement.

Ministry Circular Clarification (May 28, 2025)

 

The Ministry Circular of May 28, 2025 clarified (paragraph 4):

a) If the parent’s citizenship acquisition or reacquisition occurred before May 23, 2025, the previous regulations apply

b) If the parent’s citizenship acquisition or reacquisition occurs from May 24, 2025 onwards (effective date of the conversion law), the child living with the parent who acquires or reacquires Italian citizenship must have been resident in Italy for at least two years before the parent’s naturalization (or if under two years old, must have resided continuously in Italy since birth). In all cases, cohabitation with the child must be verified at the date the parent acquires citizenship.

FAQ: Italian Citizenship for Minor Children of Naturalized Parents

 Do minor children of naturalized parents automatically acquire Italian citizenship?

Yes, but only if the minor has resided legally and continuously in Italy for at least two years when the parent acquires Italian citizenship (oath ceremony). If the minor is under two years old, the requirement is satisfied if they have resided in Italy since birth.

 What happens if the minor child lives abroad or hasn’t completed two years of residence in Italy?

In this case, the child does not automatically acquire Italian citizenship with the parent’s naturalization.

Is stable cohabitation with the naturalized parent sufficient to acquire citizenship?

No. Stable cohabitation is necessary but not sufficient. The minor must also have fulfilled the requirement of legal and continuous residence in Italy for at least two years at the time of the parent’s citizenship acquisition.

 What happens if the minor is under two years old?

If the minor is under two years old, the two-year residency requirement is considered satisfied if the child has resided legally in Italy since birth

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