Italian Citizenship for Minors by Benefit of Law: 2026 Updates and the Impact of the Tajani Law
The main novelty introduced by the 2026 Budget Law consists of the extension of the deadline for submitting the declaration: the parents of minors born after the entry into force of the Tajani Law — at least one of whom must be an Italian citizen by birth — now have three years, instead of one, from the child’s birth, or from the subsequent establishment of filiation, including adoption, to submit the declaration provided for under Article 4, paragraph 1-bis, letter (b), of Law No. 91/1992. In addition, such declarations are now exempt from fees. Accordingly, the €250 administrative fee previously required under Article 9-bis of Law No. 91/1992 is no longer applicable.
The 2025 reform of Italian citizenship law introduces changes for minors born abroad to Italian parents, particularly in cases where citizenship is acquired by “benefit of law” rather than ab origine.
These amendments, closely linked to the Tajani Law, affect deadlines, costs, and the legal nature of citizenship acquisition, raising important questions for families seeking recognition of Italian citizenship for minors.
1. Legal framework: amendments introduced by the 2026 Budget Law
Article 1, paragraph 513, of the 2026 Budget Law introduced substantial amendments to Article 4, paragraph 1-bis, letter (b), of Italian Citizenship Law No. 91 of 5 February 1992, as amended by the Tajani Law.
This provision governs the acquisition of Italian citizenship by minors through a declaration of will by their parents.
2. Italian citizenship for minors in 2026: extension of deadlines and fee exemptions
Extended time limits
The main innovation concerns the extension of the deadline for submitting the declaration of citizenship.
The parents of minors born after the entry into force of the Tajani Law—at least one of whom must be an Italian citizen by birth—now have three years, instead of one, from the child’s birth, or from the subsequent establishment of filiation, including adoption, to submit the declaration pursuant to Article 4, paragraph 1-bis, letter (b), of Law No. 91/1992.
Abolition of administrative fees
The reform also introduces full gratuity of the procedure.
The €250 administrative fee previously required under Article 9-bis of Law No. 91/1992 is no longer applicable.
Fee exemptions also apply to declarations filed under Article 1, paragraph 1-ter, of Legislative Decree No. 36/2025, provided they are submitted by 31 May 2026, covering individuals born before the entry into force of Law No. 74/2025.
These amendments are not retroactive and apply from 1 January 2026 onward.
3. What does “Italian citizenship by benefit of law” mean?
The reform concerns cases of acquisition of Italian citizenship by “benefit of law”, applicable to minor children of Italian citizens iure sanguinis, born abroad, where the Italian parent is unable to transmit citizenship ab origine as a result of the amendments introduced by the 2025 Tajani Law.
Who qualifies for citizenship by benefit of law?
Italian citizenship may be acquired in the following cases:
- First scenario
Minor children of one or both Italian citizens by descent ab origine, born on or after 24 May 2025, provided that the declaration is submitted within the first three years of the child’s life
(Law No. 91/1992, Article 4, paragraph 1-bis).
- Second scenario
Minor children of one or both Italian citizens by descent ab origine, born before 24 May 2025, provided that the declaration is submitted by 31 May 2026, and that the Italian parent was formally recognized before 27 March 2025
(Law No. 74/2025, Article 1, paragraph 1-ter).
4. How to apply: declaration of citizenship for minors
The minor acquires Italian citizenship by benefit of law through a formal, in-person declaration submitted to the competent Italian consulate, before a delegated civil status officer.
- If both parents are required but submit the declaration separately, the requirement is fulfilled on the date of the second declaration.
- Where filiation—including adoption—is established with only one parent, or where the other parent is deceased, a single declaration is sufficient.
Residence in Italy as an alternative
If the minor establishes lawful residence in Italy, the declaration may also be submitted outside the ordinary time limit, provided that such residence is maintained for at least two consecutive years following the declaration.
5. Key legal distinction: citizenship by naturalization vs. citizenship ab origine
This distinction is crucial.
Minors acquiring Italian citizenship by benefit of law do not acquire citizenship ab origine, but rather by naturalization (de iure).
Legal consequences
This classification entails significant consequences:
- the right expires if not exercised within the statutory deadline, unlike citizenship iure sanguinis, which is imprescriptible;
- citizenship acquired by benefit of law is not automatically transmissible to descendants;
- transmission may be restored only through two years of effective residence in Italy, re-establishing the genuine link with the Italian State.
6. The underlying issue: retroactive effects of the Tajani Law
These consequences stem from the retroactive application of the Tajani Law, which affects all applications submitted from 28 March 2025 onward, including those filed by individuals already born who, under the previous legal regime, were Italian citizens ab origine.
Before the entry into force of the Tajani Law, such minors were Italian citizens from birth solely by virtue of parentage—an interpretation consistently affirmed by the Italian Court of Cassation and the Constitutional Court.
A potential declaration of unconstitutionality of the Tajani Law would therefore fully restore Italian citizenship ab origine to this category of minors, who currently find themselves—like many other Italian descendants—in an intermediate and objectively unjust legal position.
Pablo Munini