Thousands of children born outside Italy, children of recognized Italians by descent, are at risk of losing their right to recognition of their Italian citizenship. The reason is the delay in transcribing birth certificates by several municipalities, even after court decisions.
The problem blocked an essential step: updating the address with the consulate, through the AIRE (registry of Italians abroad). As a result, many parents were unable to register their children under the old legislation.
New deadline shorter than promised
The new law, in force since May 24, 2025, determines that citizenship can only be transmitted through a formal declaration by May 31, 2026. The government promised a one-year deadline, but the consulates – unbelievably – appointments have not yet started.
Due to the municipalities' slow pace, many families were unable to complete previous stages and now see time running out. In practice, their children lose their automatic right to recognition of citizenship by blood (the right of blood) and become dependent on a administrative concession, with stricter requirements.
Possibility of judicial appeal
Faced with the situation, consultant Reginaldo Maia, from Blessed Citizenship — company specialized in processes Italian citizenship — advises parents to file a lawsuit in the TAR (Regional Administrative Court), the regional administrative court of Italy.
"A minor cannot be penalized for a municipal failure. If the delay was caused by the municipality, it is the responsibility of the Italian State to guarantee this right," Maia states.
The recommendation applies to families who have already submitted transcripts of their birth certificates but have yet to receive a response. According to the expert, this action can speed up the process and preserve the child's right to citizenship by descent.
"In Roma, for example, we have families who have been waiting more than 18 months for a transcribed birth certificate. Many children were born during this time period," he adds.
Granted citizenship has limitations
If the deadline is not respected, minors may still obtain the Italian citizenshipbut by concession, and not by automatic recognition. This route requires legal residence of the parents and the minor in Italy for at least two years.
In the future, proof of income and proficiency in the Italian language may also be required.
Therefore, the expert's recommendation is to act as soon as possible. Even given the slow pace of municipal action and consular disorganization, it is essential to gather documentation and maintain contact with the relevant consulate.
"The important thing is to generate evidence. Send emails and registered letters requesting assistance. Given the consular service's history, it's very likely that parents will have to assert this right through legal action." Maia alert.
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