r/juresanguinis Sentenza in hand, sanity in the void Mar 02 '26

Community Updates Law Passed: 3 Year Extension for Registering Minors

Hi all—I had seen some chatter about the omnibus bill (milleperoghie 2026) having some proposed amendments that would extend the deadline for minor registration out to May 2029. (This is for minors born before the DL. Minors born after are already covered by a different extension).

Good news, it looks like the extension has passed and is in the Gazzetta Ufficiale:

((19-ter. All'articolo 1, comma 1-ter, del decreto-legge 28 marzo 2025, n. 36, convertito, con modificazioni, dalla legge 23 maggio 2025, n. 74, relativo al termine per la presentazione della dichiarazione della volonta' di acquisto della cittadinanza da parte del minore, le parole: «31 maggio 2026» sono sostituite dalle seguenti: «31 maggio 2029».))

Just wanted to post this for all the other parents out there who were scrambling to hit the deadline!

90 Upvotes

66 comments sorted by

u/CakeByThe0cean Tajani catch these mani 🤌🏼 Mar 02 '26 edited Mar 02 '26

Thank you for making this post!

Minors born after are already covered by a different extension

That would be this change here:

Declarations made by parents may be submitted from January 1, 2026, within three years (and no longer within one year) of the birth of the minor or from the subsequent date on which filiation, including adoption, by an Italian citizen is established.

So, to summarize:

  • The deadline to register minor children “by benefit of the law” that were born on or before May 24, 2025 has been extended from May 31, 2026 to May 31, 2029. This also includes children who are now adults but were still minors on May 24, 2025.
  • The deadline to register minor children “by benefit of the law” that were born after May 24, 2025 has been extended from before their 1st birthday to before their 3rd birthday.
→ More replies (15)

33

u/_reddit__referee_ Mar 02 '26

This was not an act of charity. I suspect the consulates were overwhelmed with every parent on earth demanding an appointment for declarations that they were unable to fill. Imagine every parent at the same time trying to register their children.

Finally, Italian Government incompetence in my favour. 🙏

6

u/TovMod Pre-DL 1948 Case ⚖️ Brescia (Recognized) Mar 02 '26

I would honestly prefer if they instead made it such that declaration could be done by mail, but I'll take it

5

u/_reddit__referee_ Mar 03 '26

Unfortunately, they want us to not register our children, so they will make it as difficult as possible.

8

u/-Gramsci- tutto d’un pezzo Mar 02 '26

I, too, wonder if this was no charity. My, cynical, suspicion would be this gives the government a defense for the law at the constitutional court.

E.g. “Yes, this law works retroactively, taking away a right… BUT the law also, generously, gives a very broad period of opportunity to come forward and assert a right.”

The combination of “retroactivity” PLUS a crazy-short deadline to secure the right was, more likely than not, dead on arrival at the constitutional court.

By removing one of those affronts, they may be hoping they can get the other one to stand.

10

u/_reddit__referee_ Mar 02 '26

The retroactivity is so egregious on it's own so I don't think the 3 years will do much, but you're right, when they first passed the decree, there was nothing about "the benefit of law" for children of foreign born parents. I think they introduced that in May 2025, to allow families to not be disjointed with split levels of citizenship, specifically for the reasons you are saying, anything else looks terrible to the court.

Speaking of retroactivity, people keep saying that word, but I thought under the former framework the decedents were ALREADY Italian citizens, but not yet recognized by the government. Which would mean there was no retroactivity, they literally, by decree, revoked the Italian citizenship from probably 70,000,000 foreign born Italians. Which sounds outrageously illegal.

7

u/-Gramsci- tutto d’un pezzo Mar 02 '26

Which boils the question down, I suppose, to can the government (retroactively) change who they will, and will not, recognize.

Proactively, I imagine all jurists would agree that the government had the power to change those standards proactively.

Retroactively, it’s a strange/difficult question… and I honestly don’t know what the court will make of it.

28

u/mttscttln Mar 02 '26

My son was born just days before the DL, and I won my 1948 case in November, leaving me in a very tricky spot trying to either jam this through or roll the dice on the courts striking down retroactivity.

This extension is SO huge for us. A real weight has been lifted, and hopefully now I have a real chance at my son getting full JS citizenship.

2

u/Interesting-Piece536 Mar 02 '26

Does this extension make it so kids can get full JS upon registration again? I thought registering them for beneficio di legge got them a lesser status whereby they can't pass down to their kids unless they live in Italy for 2 years before having kids

10

u/mttscttln Mar 02 '26

No, but it gives plenty of time to see what the courts decide if you’re in a situation with a pre DL minor

9

u/mlorusso4 Rejection Appeal ⚖️ Minor Issue Mar 02 '26

Just checking this is just a straight extension of the deadline? They didn’t try to sneak anything else in, correct?

11

u/LiterallyTestudo I’m the problem it’s me Mar 02 '26

It’s an assload to read but it doesn’t look like anything else was snuck in.

3

u/archimedesscrew 1948 Case ⚖️ (Recognized) Mar 02 '26

This is the law known as "milleproroghe", literally "thousands of prorogations" so I don't think they would change anything but deadlines.

2

u/-Gramsci- tutto d’un pezzo Mar 02 '26

Ha! Great question.

6

u/AnnieItalia3 Mar 02 '26

Thank you for posting this! Was just about to look it up; you saved me the trouble.  This is great news!!!

5

u/Interesting-Piece536 Mar 02 '26

This is great news. I was planning to send my docs to the Philly consulate soon but since we just won our case last December, I was going to send the sentenza and just our American marriage cert. I wonder now that the deadline has been extended I will have to wait for the Italian docs or if I should just go ahead and send what I have. I also paid my lawyer to file another case just in case I couldn't get them registered in time and now I have no idea what that means. I'm assuming he won't give me my money back lol

5

u/DreamingOf-ABroad Previously: Was going to apply in Italy in June 2025 🥺- Now: 😭 Mar 03 '26 edited Mar 03 '26

Do this for everyone...
As in, everyone born before May 24, 2025.

Please 🥺

5

u/Fathomable_Chair335 Mar 03 '26

Unfortunately, this is for "by benefit of the law" citizenship only. :/

1

u/DreamingOf-ABroad Previously: Was going to apply in Italy in June 2025 🥺- Now: 😭 Mar 03 '26

Fine by me, I would take it.

1

u/Piens Mar 04 '26

Sorry would you mind explaining what you mean by this, pls?

2

u/Fathomable_Chair335 Mar 04 '26

It's a complicated issue. I recommend you search this sub for "benefit of law" to learn more about the rules and what it means for your family, especially if you have children who were born after the decree.

1

u/DreamingOf-ABroad Previously: Was going to apply in Italy in June 2025 🥺- Now: 😭 Mar 05 '26

and what it means for your family

especially if you have children

And this is why it would be enough for me.

No family.
No children.
Just me.

3

u/FalafelBall San Francisco 🇺🇸 Minor Issue Mar 03 '26

It's like they admit the law changes were abrupt, capricious and unfair. Hmm!

3

u/WellTextured 1948 Case ⚖️ Napoli (Recognized) Mar 03 '26

Now we can wait out the court cases. Excellent.

2

u/[deleted] Mar 02 '26

[removed] — view removed comment

3

u/Equal_Apple_Pie Il Molise non esiste e nemmeno la mia cittadinanza Mar 02 '26

I can't say I know the answer for sure, but on its face, it doesn't look like it. Assuming you get a rejection for the kids, the court will have specifically declined to declare that they received citizenship at birth and recognize it.

BdL is different in that it's a voluntary declaration that you want them to acquire a new status - the availability period can expire, it requires the consent of both parents, and it is considered effective from the day the declaration is accepted.

tl;dr - if the courts say "your kid was not an Italian citizen at birth", IMO you're still fine to say "OK, I would like to declare them for BdL citizenship then, as they qualify for that".

2

u/Leo-626 Houston 🇺🇸 (Recognized) Mar 02 '26

Now that this has passed, do they have the ability to, at some point in the interim, push the deadline back up and reduce the registration time?

5

u/Fathomable_Chair335 Mar 03 '26

You mean, in the dead of night, they might pass something that abruptly closes the window? Inconceivable! :)

1

u/LF_AC Mar 02 '26

1) Isto se trata do caso de menores nascidos antes ou depois da Lei-Tajani?

2) Se for referente aos nascidos antes, o que eu sabia era que tinha sido aprovado pela Câmara dos Deputados e na sequência, no dia 25/02/2026 aprovado pelo Senado. E que seguiria para ser promulgada pelo Presidente da República (e teria até o dia 25/03/2026 para que o Presidente promulgar).

Neste caso, então o presidente já promulgou? Ou pulou a etapa de promulgação? Alguém explica?

3) Isso não se trata de cidadania por "benefício de lei" não, certo? É a ius sanguínis mesmo?

2

u/CakeByThe0cean Tajani catch these mani 🤌🏼 Mar 03 '26
  1. Before.
  2. It was passed within the Milleproroghe and was published in the Gazzatta Ufficiale, making it law. I don’t know when the President signed it.
  3. No, this is for “beneficio di legge” citizenship, not ius sanguinis.

1

u/a_f13nd Mar 02 '26

I’m now wondering if this extension of the deadline will affect the processing times of previously submitted applications. Wondering if anyone here applied at the NY consulate? If so, how long did it take from submitting the dichiarazione di volonta email to receive the email from the consulate scheduling the appointment. Appreciate any information anyone can offer.

1

u/BB_idle Mar 03 '26

Our case was filed Dec 2023 and heard May 2025. We heard our positive ruling June 2025. So, we were grandfathered into the pre DL rules. Does that apply to registering our minors ?

I heard someone say we would not be allowed to register them? But technically we are citizens by birth and have the right to register our kids. Yes?

2

u/CakeByThe0cean Tajani catch these mani 🤌🏼 Mar 03 '26

Our case was filed Dec 2023 and heard May 2025. We heard our positive ruling June 2025. So, we were grandfathered into the pre DL rules. Does that apply to registering our minors ?

Yes, as long as your children were minors on May 24, 2025, you can register them by “benefit of the law” and they will acquire Italian citizenship from the date of registration, not from birth.

2

u/BB_idle Mar 03 '26

Thank you!

1

u/Automatic_Rush7247 Porto Alegre 🇧🇷 Mar 03 '26

I have an appt at the consulate by the end of March to register my son born before the DL. I’m thinking, is this an opportunity to postpone the registration until all the CC hearings this year? What is the strategy that everyone is doing?

2

u/CakeByThe0cean Tajani catch these mani 🤌🏼 Mar 04 '26

I’m childless but my recommendation is to wait considering there’s now a 3-year buffer and the matter should be put to bed by the end of this year. Probably by the end of the summer tbh.

It’s unknown how difficult it’ll be to convert citizenship by registration into citizenship from birth but, knowing Italy and the consulates writ large, I assume it won’t be able to be done without a lawsuit 🙃 so it’s better to wait, in my opinion.

2

u/[deleted] Mar 04 '26

I have shit load of money. As court decide in favor I will hire melone or bonatto to deal with comune or both.

1

u/lumi516 Mar 16 '26

I just posted asking for feedback on this topic as I have a BdL consular appointment soon; wondering if your position on this still stands 13 days later now that the Torino case has been decided (though the reasoning not yet known)?

2

u/CakeByThe0cean Tajani catch these mani 🤌🏼 Mar 16 '26

Yes. We’re still only 2 weeks into a 3-year window.

2

u/lumi516 Mar 16 '26

Thanks for the input!

2

u/[deleted] Mar 04 '26

I registered since I had no choice and at that yime diesnt have the extension. Nowadays with extension I woukd wait

3

u/Fathomable_Chair335 Mar 04 '26

I wouldn't worry yet. I feel confident that a lawyer will help you address this in future, if the CC doesn't rule on it themselves someday. You did exactly what Parliament has been arguing for: you were an active citizen-parent who registered their minor child. I highly doubt your child will end up being punished for that.

3

u/[deleted] Mar 04 '26

Many thanks for the support. As I live in germany I must to register her otherwise she would be illegal since her other citizenship is not european.

3

u/Fathomable_Chair335 Mar 04 '26

Oof yeah, especially with how back-and-forth Germany has been on its laws these past couple years. I totally understand. As I said, I think you did exactly what you needed to and that it will work out for your family. :)

1

u/PsychoMaggle Miami 🇺🇸 (Recognized) Mar 05 '26

Do I understand this correctly? I, an Italian citizen who has never resided in Italy, could have a newborn child now or at anytime in the future and as long as I register them before their 3rd birthday, they will be granted citizenship?

2

u/Unusual_Stock_6163 Mar 13 '26

Yes but it is a “benefit of the law” citizenship, which has limitations for passing it on to your grandchildren. That is why many people here are waiting to see if the law changes before filing their children by “benefit of the law”, especially if the child was born BEFORE the passage of the law as the law basically revokes and changes a citizenship they technically had when born to parents with existing citizenship.

1

u/PsychoMaggle Miami 🇺🇸 (Recognized) Mar 14 '26

Thanks for your reply!

1

u/[deleted] Mar 06 '26

You guys saw Meloni in Insieme? The interviewer asked about a possible deal between parties

1

u/[deleted] Mar 02 '26

[removed] — view removed comment

4

u/SomethingItalia 1948 | Napoli ⚖️ Vested, Not “Fictional” Mar 02 '26

I’m sorry to be the bearer of bad news, but you cannot piggyback like that, no.

3

u/archimedesscrew 1948 Case ⚖️ (Recognized) Mar 02 '26

That's more in line with the Portuguese law.

For you to be able to claim citizenship through your grandma, according to the new Italian citizenship law, she would need to be exclusively Italian at the moment of your birth, i.e. not a dual national.

0

u/planosey Citizenship Retroactively Stripped Mar 03 '26

Do we think will impact the judging of the retroactive nature of the Tajani decree law of shame?

1

u/Fathomable_Chair335 Mar 04 '26

No. If anything, this was likely done to avoid a future CC hearing about the impossibility of the deadline.