Law No. 74 of 23/05/2025, which amended and converted Decree-Law No. 36 of 28/03/2025, introduced significant restrictions on the transmission of Italian citizenship and, consequently, on the procedure for registering the birth certificates of minors born abroad.
The new citizenship law introduced the principle that a person born abroad, even before the effective date of Law No. 74 of 23/05/2025, who holds another nationality or even has the right to acquire it, is considered to have never acquired Italian citizenship, unless one of the conditions outlined below applies.
AUTOMATIC ACQUISITION OF ITALIAN CITIZENSHIP BY MINOR CHILDREN BORN ABROAD TO ITALIAN CITIZENS
A minor born abroad to Italian parents is considered to be automatically an Italian citizen only if at least one of the following conditions applies:
- At the time of birth, the minor is entitled exclusively to Italian citizenship, meaning that he or she does not have, and cannot acquire, any other citizenship (for example, by iure sanguinis, iure soli, by option, etc.). This situation generally does not apply to children born in Panama, as they are usually entitled to Panamanian citizenship (even if the parents decide not to apply for it). When requesting the registration of the birth certificate, appropriate documentation must be provided to demonstrate that, at the time of birth, the minor was not entitled to acquire any foreign citizenship.
- At the time of the minor’s birth, a first- or second-degree ascendant (parent or grandparent) possesses, or possessed at the time of death, exclusively Italian citizenship. The request for registration must be accompanied by appropriate documentation conclusively demonstrating that, at the time of the minor’s birth, one of the parents or grandparents was exclusively an Italian citizen (or was exclusively an Italian citizen at the time of death, if the death occurred before the minor’s birth). The responsibility for providing valid proof of non-naturalization, issued by the competent authorities of all countries in which the ascendant may have resided, lies exclusively with the applicant. Self-declarations regarding the non-possession of another citizenship will not be accepted.
- The Italian-citizen parent resided in Italy for at least two continuous years after acquiring Italian citizenship and before the child’s date of birth. This is the procedure recommended for all Italian citizens born in Italy who have lived continuously in Italy for at least two years before the birth of their child. A parent who was born an Italian citizen, even if also holding another citizenship, or a parent who acquired Italian citizenship through marriage, residence, or by operation of law, must demonstrate that he or she resided in Italy for at least two continuous years after acquiring Italian citizenship and before the child’s date of birth. Residence in Italy prior to the acquisition of Italian citizenship is not relevant, nor is the residence in Italy of the foreign parent. Self-declarations regarding residence will not be accepted. The responsibility for providing valid proof of residence lies exclusively with the applicant.
DOCUMENTS TO BE SUBMITTED FOR CHILDREN BORN IN PANAMA
a) Application form for the registration of the birth certificate, duly completed and signed by both parents.
b) Original full birth certificate (Acta Integral de Nacimiento), issued by the Tribunal Electoral, bearing an Apostille issued by the Ministry of Foreign Affairs of Panama and with a date of issue not older than one year.
c) Original translation of the birth certificate, duly accompanied by an Apostille on the translator’s signature.
NOTE: The translation must be made directly from the original language of the document into Italian. Translations bearing a digital signature will not be accepted.
d) Original identity documents of the minor and both parents.
e) A clear photocopy of all the documents listed above must also be submitted.
If any of the documents contain writings or annotations on the reverse side, photocopies of the reverse side must also be provided.
DOCUMENTS TO BE SUBMITTED FOR CHILDREN BORN IN OTHER COUNTRIES
a) Application form for the registration of the birth certificate, duly completed and signed by both parents.
b) Full Birth Certificate, as applicable:
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For minors born in Panama: an original full birth certificate issued by the “Tribunal Electoral”, duly apostilled by the Ministry of Foreign Affairs of Panama, issued no more than one year prior. The translation of the original certificate must also be submitted, duly accompanied by the Apostille of the translator’s signature. NOTE: the translation must be made from the original language of the document into Italian. Translations bearing a digital signature will not be accepted.
- For minors born abroad: an original birth certificate, issued in accordance with the procedures established by the country of birth and issued by the competent authority. The birth certificate must be accompanied by an Apostille issued by the competent authority of the country of birth and by the corresponding translation into Italian, accompanied by the Apostille of the translator’s signature, where applicable. The birth certificate must have been issued no more than one year prior.
NOTE: before accepting documentation submitted by applicants concerning children born abroad, this Consular Chancellery will contact the competent Italian diplomatic or consular Mission in the country where the document was issued, in order to verify in advance the required documentation, the applicable legalization or Apostille procedures, and any specific requirements concerning the translation. Once confirmation has been obtained from the competent Italian diplomatic or consular Mission regarding the documentation to be submitted, this Consular Chancellery will proceed with accepting and subsequently transmitting the birth certificate.
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For minors born in the United States of America (USA): U.S. birth certificates must always be submitted in the extended format (the so-called Long Form or Extended Form), which indicates the exact place of birth, date of birth or age, and place of birth of the parents, in accordance with the procedures by which such certificates are issued in each State. The translation of the original certificate must also be submitted, duly accompanied by the Apostille of the translator’s signature. NOTE: the translation must be made from the original language of the document into Italian. Translations bearing a digital signature will not be accepted.
NOTE: the translation must be made from the original language of the document into Italian. Translations bearing only a digital signature will not be accepted.
c) Photocopies of the identity documents of the minor and both parents.
d) A clear photocopy of all the documents listed above must also be submitted.
If any of the documents contain writings or annotations on the reverse side, photocopies of the reverse side must also be provided.
Where to apply for the service
a) By appearing in person, with both parents, at the Embassy of Italy in Panama, after booking an appointment for “Consular Services” through the Prenot@mi portal.
b) By applying directly to the Italian Municipality (Comune) of A.I.R.E. registration (in this case, applicants should contact the Municipality’s Civil Status Office directly).
IMPORTANT
In both cases, if the parents are married, it is essential that their marriage has already been registered in Italy. If the parents are not married, both parents must appear in person, together with the minor, at the Consular Chancellery of the Embassy of Italy in order to sign the acknowledgment of paternity/maternity for a child born out of wedlock.
Please note that the preparation of this declaration is subject to a fee of EUR 20, payable in cash and in U.S. dollars (USD), according to the current consular exchange rate. In the absence of the above requirements, it will not be possible to proceed with the registration of the birth.
If both parents are Italian citizens and belong to or reside in different Italian municipalities (Comuni), the birth certificate will be registered with the mother’s municipality of reference, unless the parents agree otherwise.
Once the application has been processed, the Embassy will send an email to the applicant confirming that the documentation has been forwarded to the competent Municipality (Comune). Therefore, there is no need to contact the Office to request updates on the status of the application, as the subsequent processing falls under the responsibility of other authorities.
Applicants are kindly requested to provide a valid email address and to promptly notify the Embassy of any changes to their contact information.
NEW CASES OF ACQUISITION OF ITALIAN CITIZENSHIP ABROAD BY MINOR CHILDREN OF ITALIAN CITIZENS WHO DO NOT AUTOMATICALLY ACQUIRE ITALIAN CITIZENSHIP
A minor born abroad to Italian parents who cannot be considered automatically an Italian citizen due to the limitations described above (namely, a minor who possesses another citizenship or whose parents/grandparents possess another citizenship) may acquire Italian citizenship by operation of law if the parents or legal guardian declare their intention for the child to acquire Italian citizenship within three years of the child’s birth, provided that all of the following requirements are met:
- At least one of the parents is an Italian citizen by descent (iure sanguinis). Therefore, the following categories are excluded: Italian citizens by naturalization (Article 9 of Law No. 91/1992); Italian citizens by operation of law (Article 4 of Law No. 91/1992); Italian citizens by marriage (Article 5 of Law No. 91/1992 or Article 10 of Law No. 555/1912); Italian citizens by iuris communicatione (Article 14 of Law No. 91/1992). The responsibility for providing valid proof that the parent possesses Italian citizenship iure sanguinis lies exclusively with the applicant.
- Both parents (including the foreign parent) or the legal guardian must submit the declaration of intent for the acquisition of citizenship within three years of the child’s birth, or within three years from the subsequent date on which filiation, including adoption during the child’s minority, is legally established with an Italian citizen.
IMPORTANT
A minor who acquires Italian citizenship by operation of law does not become an Italian citizen by birth or iure sanguinis. Pursuant to Article 15 of Law No. 91/1992, the minor acquires Italian citizenship on the day following the date on which all the conditions established by law have been met (for declarations submitted at a Consulate, this means the day following the declaration made by both parents).
Upon reaching the age of majority, a person who acquired Italian citizenship through the declaration of intent described above may renounce it, provided that he or she holds another citizenship.
A transitional provision has also been introduced (Article 1, paragraph 1-ter, of Decree-Law No. 36/2025), allowing the above-mentioned declaration of intent for the acquisition of citizenship on behalf of a minor child of an Italian citizen to whom Italian citizenship is not automatically transmitted, provided that all of the following conditions are met:
- The child was a minor on 24 May 2025 (the date on which the law converting Decree-Law No. 36/2025 entered into force);
- The parent is an Italian citizen by birth and was recognized as such on the basis of an administrative or judicial application submitted by 11:59 p.m. (Rome time) on 27 March 2025, or on the basis of an application for recognition of Italian citizenship submitted pursuant to an appointment communicated by the Consular Office or the Municipality (Comune) by the same date.
Furthermore, Law No. 26 of 28 February 2026 (converting Decree-Law No. 200/2025) extended the deadline set forth in Article 1, paragraph 1-ter, of Decree-Law No. 36 of 28 March 2025, concerning the acquisition of citizenship by operation of law by minor children of Italian citizens by birth (who meet the requirements established by the applicable legislation), from 31 May 2026 to 31 May 2029.
Please note that, in both cases, since this is an acquisition of citizenship by operation of law, the minor will not acquire Italian citizenship from the date of birth, but rather from the day following the declaration made by both parents at the Consulate.
DOCUMENTS TO BE SUBMITTED FOR THE REGISTRATION OF CHILDREN BORN IN PANAMA OR ABROAD BUT RESIDING IN PANAMA
a) Application form for the registration of the birth certificate, duly completed and signed by both parents.
b) Full Birth Certificate, as applicable:
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For minors born in Panama: an original full birth certificate issued by the “Tribunal Electoral”, duly apostilled by the Ministry of Foreign Affairs of Panama, issued no more than one year prior. The translation of the original certificate must also be submitted, duly accompanied by the Apostille of the translator’s signature. NOTE: the translation must be made from the original language of the document into Italian. Translations bearing a digital signature will not be accepted.
- For minors born abroad: an original birth certificate, issued in accordance with the procedures established by the country of birth and issued by the competent authority. The birth certificate must be accompanied by an Apostille issued by the competent authority of the country of birth and by the corresponding translation into Italian, accompanied by the Apostille of the translator’s signature, where applicable. The birth certificate must have been issued no more than one year prior.
NOTE: before accepting documentation submitted by applicants concerning children born abroad, this Consular Chancellery will contact the competent Italian diplomatic or consular Mission in the country where the document was issued, in order to verify in advance the required documentation, the applicable legalization or Apostille procedures, and any specific requirements concerning the translation. Once confirmation has been obtained from the competent Italian diplomatic or consular Mission regarding the documentation to be submitted, this Consular Chancellery will proceed with accepting and subsequently transmitting the birth certificate.
-
For minors born in the United States of America (USA): U.S. birth certificates must always be submitted in the extended format (the so-called Long Form or Extended Form), which indicates the exact place of birth, date of birth or age, and place of birth of the parents, in accordance with the procedures by which such certificates are issued in each State. The translation of the original certificate must also be submitted, duly accompanied by the Apostille of the translator’s signature.
NOTE: the translation must be made from the original language of the document into Italian. Translations bearing only a digital signature will not be accepted.
If any of the documents contain writings or annotations on the reverse side, photocopies of the reverse side must also be provided.
c) Original certificate of citizenship, issued by the Tribunal Electoral, bearing an Apostille issued by the Ministry of Foreign Affairs of Panama and with a date of issue not older than one year, together with the original translation duly accompanied by an Apostille on the translator’s signature.
NOTE: The translation must be made directly from the original language of the document into Italian. Translations bearing a digital signature will not be accepted.
NOTE: In the case of minors born abroad in countries that do not issue certificates of citizenship, official documentation issued by the local authorities of the country of birth must be submitted, certifying that it is impossible to obtain such a certificate.
In the absence of this supporting documentation, it will not be possible to proceed with the registration of the birth in Italy.
d) Birth certificate of the minor’s father or mother who is an Italian citizen by birth (to be requested from the Italian Municipality (Comune) where the Italian parent is registered with A.I.R.E.).
As an alternative, a certificate of Italian citizenship by birth of the Italian parent may be submitted.
Italian citizens residing within the consular jurisdiction of the Embassy of Italy in Panama may choose to submit a self-certification declaration in lieu of the citizenship certificate (see the sample self-declaration form).
e) Original certificate of residence, issued by the competent Corregiduría or Juzgado de Paz for the place of residence, with a date of issue not older than six months.
This document does not need to be translated or apostilled.
f) Original identity documents of the minor and both parents.
g) A clear photocopy of all the documents listed above must also be submitted.
Where to apply for the service
a) By appearing in person, with both parents and the minor, at the Embassy of Italy in Panama, after booking an appointment for “Citizenship by Descent – Acquisition by Operation of Law” through the Prenot@mi portal.
b) By applying directly to the Italian Municipality (Comune) where the parent is registered with A.I.R.E. (in this case, applicants should contact the Municipality’s Civil Status Office directly).
IMPORTANT
If the parents are married, it is essential that their marriage has already been registered in Italy. If the parents are not married, both parents must appear in person, together with the minor, at the Consular Chancellery of the Embassy of Italy in order to sign the acknowledgment of paternity/maternity for a child born out of wedlock.
Please note that the preparation of this declaration is subject to a fee of EUR 20, payable in cash and in U.S. dollars (USD), according to the current consular exchange rate. In the absence of the above requirements, it will not be possible to proceed with the registration of the birth.
If both parents are Italian citizens and belong to or reside in different Italian municipalities (Comuni), the birth certificate will be registered with the mother’s municipality of reference, unless the parents agree otherwise.
Once the application has been processed, the Embassy will send an email to the applicant confirming that the documentation has been forwarded to the competent Municipality (Comune). Therefore, there is no need to contact the Office to request updates on the status of the application, as the subsequent processing falls under the responsibility of other authorities.
Applicants are kindly requested to provide a valid email address and to promptly notify the Embassy of any changes to their contact information.