Birth in Italy

Birth in Italy is not just a simple medical occurrence, but it can also be the starting point for the process of obtaining citizenship in this country; a country that, by possessing one of the most powerful passports in the world, has an advanced welfare system and the possibility of living throughout the European Union, is considered a very attractive destination for families.

However, simply being born on Italian soil does not automatically grant citizenship; the child must either be born to parents who are Italian citizens or meet special conditions such as long-term residency of the parents in Italy. The citizenship law of this country is based on the principle of blood, but there are precise exceptions that allow for the application of citizenship for the child.

In the comments section, you can also ask your questions regarding immigration to Italy and receive answers in a short time.

 

 

General Conditions for Obtaining Residence Through Birth in Italy

Italy is a country located in Southern Europe, with its famous capital being Rome. Italy is the fifth most populous country in Europe, and its official language is Italian. This country is recognized as one of the largest tourist destinations in the world, and apart from its historical attractions, its favorable climate and warm-hearted people are other reasons for attracting tourists. General information about Italy is displayed in the image below.

• A child born in Italy does not automatically gain citizenship but can apply before turning 18.
• Any child born to an Italian father or mother is automatically an Italian citizen.
• A foreigner with an Italian father or grandfather can apply for citizenship after 2 years of residence in Italy and upon turning 18.
• Children confirmed by judicial inquiry to have Italian ancestry are recognized as Italian citizens.
• Children whose Italian identity is legally confirmed can apply for citizenship at 18 if they wish.
• If a parent was an Italian citizen at your birth and born after January 1, 1948, you are eligible for citizenship.
• Citizenship is recognized if neither you nor your parents or grandparents have renounced Italian citizenship and your Italian lineage can be traced through father, mother, or grandparents.

 

 

The process of obtaining citizenship for children born to non-citizen parents can take up to six years. In fact, Clause 7 of Law No. 555/1912 recognizes children of Italian citizens born under the principle of blood, even if these children lost their parents in childhood and reside in the territory of another country. Italian citizenship is granted to those who meet the following conditions.

• Individuals born in Italy to stateless parents can obtain Italian citizenship (Article 1, paragraph 1, section “b”, Law No. 91/92);
• Children abandoned in Italy without known parents are considered Italian citizens (Article 1, paragraph 2, Law No. 91/92).
• Contrary to current law, based on a draft of the concept of humanitarian rights that has been delayed, youth are allowed to apply for citizenship from the government after living at least five years in Italy.
• Foreign residents in Italy who have lived legally and uninterruptedly on Italian territory can apply for citizenship for their child one year after the birth.
• An individual who has legally resided in Italy for ten years and has a child can request citizenship for their child if they do not have a criminal record.
• If an Italian family adopts a foreign child, they can request the issuance of an Italian passport for him/her.

 

Italian passport for those born in this country

The Italian passport ranks fourth among the most powerful passports in the world. As stated earlier, the conditions for obtaining an Italian passport for children born in this country are that at least one of the parents must be a citizen of Italy.

Under other special conditions, if the parents have resided for a specified period in Italy, they can apply for citizenship and passport for their child born in this country, which has been completely reviewed earlier. If an individual obtains Italian citizenship and nationality, they can travel to many countries without a visa and benefit from the advantages of a powerful passport. The image below shows the visa requirements for Italian citizens.

 

 

Examination of Obtaining Residence and Citizenship for Parents Through the Birth of a Child in Italy

Giving birth to a child in Italy will initially not have residency effects for the parents; however, if the parents have residency in Italy through other means such as work, investment, or study Residence in Italy, according to the provisions of Italian law, if a child is born on Italian soil, they can apply for permanent residency after completing a 5-year period of living in Italy, and after 6 years, they can proceed to obtain an Italian passport.

After completing a 5-year process, they can initially apply for permanent residency, and after an additional year beyond the initial 5 years, they can request a passport through the birth of a child in Italian territory.

 

 

Birth Allowance in Italy

Female employees in Italy are eligible for 5 months of paid maternity leave. Maternity leave is mandatory, and usually, the mother must take leave 2 months before childbirth and 3 months after childbirth. In 2021, Italy also increased paternity leave from 7 to 10 business days. Non-Italian individuals must have long-term EC residence permits to obtain the maternity allowance.

In addition to maternity leave, Italy also offers an allowance called the universal child allowance for dependent children.

These benefits provide a minimum cash payment per dependent child of the family. The exact amount of this allowance will vary for each family.

 

Examination of Dual Citizenship in Case of Birth in Italy

Before the 92/91 treaty, Italy did not recognize dual citizenship or citizenship by descent. After several EU discussions, Italy amended its laws to allow dual citizenship, including for newborns with dual-national parents. Children born to parents with dual citizenship can acquire Italian citizenship, regardless of their other nationality.

If a parent is Italian, the child automatically qualifies for Italian citizenship and can obtain an Italian passport, even if they hold another nationality. In general, dual citizenship does not prevent children from receiving Italian citizenship or passports in Italy.

 

Benefits of Obtaining Italian Citizenship for Children

Italian citizenship and nationality has many advantages for children. As an Italian citizen, your child will have the right to live, work and study in Italy and other EU countries. They will also have access to free or low-cost healthcare and public education.

If your child is born in Italy, they will automatically acquire Italian citizenship if at least one of their parents has Italian citizenship. If your child was not born in Italy, they can still acquire Italian citizenship through various means, such as marriage, descent or naturalization.

 

 

Legal Implications of Birth in Italy

and local elections, and consular protection from any EU embassy when abroad in a non-EU country without an Italian embassy. The EU also guarantees fundamental rights such as data protection (Article 16) and respect for human dignity, freedom, democracy, equality, and human rights (Article 2). By holding Italian or other EU citizenship, individuals gain access to EU documents, the right to petition, and language and citizenship protections.

Alongside these rights, Italian and EU citizens must pay taxes, obey national laws, and contribute to social and national welfare. They are also expected to uphold public order and support national and EU interests.

 

Tourist Visa for Birth in Italy

If parents enter Italy as tourists and a child is born, because Italy follows the principle of blood, the child will not receive support from the government. However, if the parents abandon their child and the child becomes stateless, the government then grants citizenship based on relative soil.

If one of the tourists has ancestral conditions but was born in another country and can prove in court that their ancestors were Italian, they can obtain a passport for their child and, after five years, apply for permanent residency for themselves and their spouse.

 

Frequently Asked Questions Regarding Birth in Italy

• Is being born in Italy enough to obtain Italian citizenship?

No. Italy follows the principle of blood (jus sanguinis) and not the principle of soil. Therefore, a child only obtains Italian citizenship if at least one of their parents is an Italian citizen, or if there are special circumstances such as statelessness of the parents or their anonymity.

 

•  Can parents whose child is born in Italy obtain residency?

The birth of a child in Italy does not automatically lead to residency for the parents. However, if parents have legal residency, they can apply for permanent residency after 5 years of continuous legal living, which subsequently paves the way for their citizenship.

 

• When can a child born in Italy apply for citizenship?

A child born in Italy to foreign parents who has resided continuously in this country until the age of 18 can apply for Italian citizenship after reaching the legal age, within a period of 12 months.

 

•  Is it possible for a child to hold dual citizenship?

Yes. Italy accepts dual citizenship, and if the other country does not prohibit it, the child can simultaneously hold both Italian citizenship and that of their parents.

 

Conclusion:

Italy is one of the countries that accepts the principle of citizenship based on the blood system as a principal and territorial descent system as a subsidiary. This means that for obtaining citizenship for their children or permanent residency for the parents of newborns, at least one parent must be of Italian nationality. Additionally, if the parents have residency in Italy, they can obtain permanent residency for themselves after a period of living in Italy following the birth of their children in Italy.

If you have any further questions, you can contact the experienced experts of Malekpour Immigration Institute and benefit from free telephone consultations. You can also ask your questions in the comments section of the article or in the Immigration Questions section in the menu of the website, and receive answers from our experts.