Legislative Decree no. 36 of 2025, converted with amendments by Law no. 74 of 2025, has a significant impact on the matter of registration in Italy of birth certificates of minors born abroad.
Please, read carefully the information provided below.
Attention, please!
A minor born abroad to Italian parents is considered an Italian citizen without the need for a “declaration of intent to acquire citizenship” only if at least one of the following conditions is met (it will still be necessary to request the Consulate to send the birth certificate to the competent Italian Municipality for registration):
- At the time of birth, the minor can exclusively acquire Italian citizenship, meaning they cannot hold or acquire any other citizenship, such as through ius sanguinis, ius soli, citizenship by option, etc.
- A first or second-degree ancestor (parents/grandparents) holds (or held, at the time of their death) exclusively Italian citizenship.
- The Italian parent has resided in Italy for at least 2 continuous years after acquiring Italian citizenship and before the birth of the child.
PRELIMINARY NOTES: APOSTILLE AND TRANSLATIONS
Please note that all documents issued by foreign Authorities must be apostilled or legalized and translated, and translations must be apostilled or legalized, depending on the regulations in force in the issuing country.
The Convetion of The Hague on the Apostille is in force in Canada. Certificates issued by Canadian authorities must therefore be apostilled and translated into Italian by an ATIO-certified translator. For information, click here. If the translation is not notarized and apostilled, it will be subject to consular legalization, for which the fee indicated in Article 69 of the consular fee is due.
For the legalization and translation of documents issued outside Canada, please refer to the information available on the websites of the relevant Italian Embassy/Consulate.
HOW TO APPLY FOR THE REGISTRATION OF A BIRTH?
If your case falls into one of the categories listed above from 1 to 3, you must gather all the documents outlined below, under letters A, B or C, and mail it to the Consulate.
The application must be sent by mail or courier. In-person appointments are not available for this service.
The correct and complete documentation (indicated below under A, B, or C) must be sent by mail or courier to the attention of the “Vital Record” section at the following address:
Consulate General of Italy
136 Beverley Street Toronto,
M5T 1Y5 ON
It is recommended that you include an additional “Xpress Post” or other courier envelope, pre-filled in the recipient section, for the return of documents in the event of incomplete applications.
Please note: if the application can be processed because it is correct and complete, the original documents will not be returned.
Click on the relevant item for information on the documentation to be sent to the Consulate.
A) Minor child, born abroad, to a parent who holds solely Italian citizenship
This is one of the cases where citizenship is automatically transferred. The applicant for birth certificate registration must demonstrate that they possess only Italian citizenship.
If the minor’s parents’ marriage, celebrated abroad, has not yet been registered in Italy, this must be done before registering the children’s births (see Marriage Registration)
Documents to be mailed to the Consulate:
- Application form
- Copy of the Canadian PR Card or Canadian visa/work permit of the parent who holds only Italian citizenship;
- Documentation relating to any other foreign country in which the applicant has lived since birth. For example: negative citizenship certificate; certificate of renunciation of foreign citizenship; certificate of non-registration on the electoral rolls (if applicable according to the country’s legislation). Certificates issued by foreign authorities must be legalized or apostilled and translated. For information on legalization procedures or apostilles, consult the website of the Italian Consulate or Embassy of the relevant country.
- “Atto integrale di nascita” (Full birth certificate) of the parent, issued by the Italian Municipality of birth;
- Photocopy of the applicant’s Italian passport, identity card, or driving license (with photo and signature).
- Photocopy of the minor’s passport (if available).
- Original birth certificate of the child (“Certified Copy of Registration of Birth”; wallet-size certificates will not be accepted.) issued by the Registrar General in Ontario, Manitoba, and the North West Territories, apostilled* and accompanied by a full translation into Italian in the original by one of the translators designated by this Consulate General.
- Photocopy of the Birth Certificate of the non-Italian parent (where applicable) and copy of the passport issued buy his/her country of origin;
- Photocopy of the “Wallet Size” birth certificate of the non-Italian parent born in Canada (where applicable)
- Photocopy of the birth certificate (long form) with the indication of the place of birth (NOT the County) of the non-Italian parent, if born in the United States (where applicable).
*APOSTILLE: HOW TO OBTAIN IT As of January 11, 2024, the Convention of The Hague on the Apostille enters into effect in Canada. This means that Global Affairs Canada and Provincial Authentication Services will no longer authenticate public documents or other notarized private documents. Instead, they will issue an Apostille (a certificate that will accompany the original document it refers to). The Apostille eliminates steps required to get documents accepted in countries where the convention is in effect (including Italy). As an example, if a document carries the apostille, the legalization by the Consulate General of Italy will no longer be required.If a document (such as a birth or death certificate) has been issued by the Authorities of Manitoba or North West Territories or if it has been notarized by Manitoba or NWT Authorities, the Apostille will be issued by Global Affairs Canada.
Click here for information on the procedure to apply for an Apostille issued by Global Affairs Canada.If a document has been issued or notarized in Ontario, the request for an Apostille will have to be sent to the Ministry for Public and Business Service Delivery of Ontario.
Click here for information on the procedure to apply for an Apostille issued by MPSBD Ontario.If a document carries the Apostille, it does not require further legalization by the Consulate. As of January 1, 2025, the Consulate no longer legalises Canadian vital records. Such documents must carry the Apostille.TRANSLATIONS CARRIED OUT BY ATIO CERTIFIED TRANSLATORS:The Consulate can legalise translations carried out by ATIO certified translators whose signature is on file with this Consulate (list available here). Please note that a consular fee is due for the legalization of translators’ signature (art. 69 of the Consular Fee).
If you wish to contact a translator not registered with our Consulate, you may do so but, in order for that translation to be used/recognized in Italy you will have to a) have the translation notarized by a notary public/lawyer operating in Canada; b) you will have to apply for the Apostille issued either by Global Affairs Canada or by the Official Documents Service of Ontario, based on where your translation is notarized.
Once your translation is apostilled, no further legalization of the Consulate will be required.
The consular fee (Art. 69 above) must be included in the envelope, in the form of a money order/bank draft for the exact amount, in Canadian dollars, made out to the Consulate General of Italy in Toronto. If in doubt with reference to the amount due, kindly reach out to toronto.anagrafe@esteri.it.
If the birth certificate has been issued outside Canada, you will have to apply for the apostille or for a consular legalization with the relevant foreign Authorities/Italian Consulate in the Country in which the certificate was formed.
B) Minor born abroad whose grandparent is solely Italian citizen or was solely Italian citizen at the time of his/her death.
This is one of the cases where citizenship is automatically transferred. The applicant must prove that the ascendent (grandfather or grandmother of the minor) was exclusively Italian at the time of his/her death, or is currently in possession of the Italian nationality only.
If the minor’s parents’ marriage, celebrated abroad, has not yet been registered in Italy, this must be done before registering the children’s births (see Marriage Registration)
Documents to be mailed to the Consulate:
- Application Form
- Copy of the Canadian PR Card or Canadian visa/work permit of the grandparent who holds only Italian citizenship. If these are not available, due to the failure to acquire Canadian citizenship, a negative “Search of Citizenship Record” must be submitted, apostilled, and translated.
- Documentation relating to any other foreign country in which the grandparent has lived since birth. For example: negative citizenship certificate; certificate of renunciation of foreign citizenship; certificate of non-registration on the electoral rolls (if applicable according to the country’s legislation). Certificates issued by foreign authorities must be legalized or apostilled and translated. For information on legalization procedures or apostilles, consult the website of the Italian Consulate or Embassy of the relevant country.
- “Atto integrale di nascita” (Full birth certificate) of the parent, issued by the Italian Municipality of birth;
- “Atto integrale di nascita” (Full birth certificate) of the grandparent, issued by the Italian Municipality of birth;
- Photocopy of the applicant’s passport or driving license (with photo and signature).
- Photocopy of the grandparent’s passport, identity card, or driving license (Italian);
- Photocopy of the minor’s passport, if available;
- Original birth certificate of the child (“Certified Copy of Registration of Birth”; wallet-size certificates will not be accepted.) issued by the Registrar General in Ontario, Manitoba, and the North West Territories, apostilled* and accompanied by a full translation into Italian in the original by one of the translators designated by this Consulate General.
- Photocopy of the Birth Certificate of the non-Italian parent (where applicable) and copy of the passport issued buy his/her country of origin;
- Photocopy of the “Wallet Size” birth certificate of the non-Italian parent born in Canada (where applicable)
- Photocopy of the birth certificate (long form) with the indication of the place of birth (NOT the County) of the non-Italian parent, if born in the United States (where applicable).
*APOSTILLE: HOW TO OBTAIN IT As of January 11, 2024, the Convention of The Hague on the Apostille enters into effect in Canada. This means that Global Affairs Canada and Provincial Authentication Services will no longer authenticate public documents or other notarized private documents. Instead, they will issue an Apostille (a certificate that will accompany the original document it refers to). The Apostille eliminates steps required to get documents accepted in countries where the convention is in effect (including Italy). As an example, if a document carries the apostille, the legalization by the Consulate General of Italy will no longer be required.If a document (such as a birth or death certificate) has been issued by the Authorities of Manitoba or North West Territories or if it has been notarized by Manitoba or NWT Authorities, the Apostille will be issued by Global Affairs Canada.
Click here for information on the procedure to apply for an Apostille issued by Global Affairs Canada.If a document has been issued or notarized in Ontario, the request for an Apostille will have to be sent to the Ministry for Public and Business Service Delivery of Ontario.
Click here for information on the procedure to apply for an Apostille issued by MPSBD Ontario.If a document carries the Apostille, it does not require further legalization by the Consulate. As of January 1, 2025, the Consulate no longer legalises Canadian vital records. Such documents must carry the Apostille.TRANSLATIONS CARRIED OUT BY ATIO CERTIFIED TRANSLATORS:The Consulate can legalise translations carried out by ATIO certified translators whose signature is on file with this Consulate (list available here). Please note that a consular fee is due for the legalization of translators’ signature (art. 69 of the Consular Fee).
If you wish to contact a translator not registered with our Consulate, you may do so but, in order for that translation to be used/recognized in Italy you will have to a) have the translation notarized by a notary public/lawyer operating in Canada; b) you will have to apply for the Apostille issued either by Global Affairs Canada or by the Official Documents Service of Ontario, based on where your translation is notarized.
Once your translation is apostilled, no further legalization of the Consulate will be required.
The consular fee (Art. 69 above) must be included in the envelope, in the form of a money order/bank draft for the exact amount, in Canadian dollars, made out to the Consulate General of Italy in Toronto. If in doubt with reference to the amount due, kindly reach out to toronto.anagrafe@esteri.it.
If the birth certificate has been issued outside Canada, you will have to apply for the apostille or for a consular legalization with the relevant foreign Authorities/Italian Consulate in the Country in which the certificate was formed.
C) Minor child born abroad to an Italian parent, or adopted by an Italian parent, who has resided in Italy for at least 2 consecutive years after acquiring Italian citizenship and before the child’s birth or adoption date. The parent must be Italian by birth or they must have acquired Italian citizenship, as an example, due to naturalization.
This is one of the cases where citizenship is automatically transferred. The parent must be Italian by birth or they must have acquired Italian citizenship, as an example, due to naturalization. The applicant for birth certificate registration must demonstrate that they have been resident in Italy for at least two consecutive years after acquiring Italian citizenship and before the birth or adoption of their child.
If the minor’s parents’ marriage, celebrated abroad, has not yet been registered in Italy, this must be done before registering the children’s births (see Marriage Registration).
Documents to be mailed to the Consulate:
- Application Form
- Historical certificate of residence of the Italian parent, proving residence in Italy for two consecutive years prior to the child’s birth (to be requested from the competent Italian municipality).
- Certificate of citizenship of the Italian parent specifying the place, date, and method of acquisition of Italian citizenship, issued by the competent Italian municipality.
- Photocopy of the applicant’s passport or driver’s license (with photo and signature).
- Photocopy of the minor’s passport, if available;
- Original birth certificate of the child (“Certified Copy of Registration of Birth”; wallet-size certificates will not be accepted) issued by the Registrar General in Ontario, Manitoba, and the Northwest Territories, apostilled* and accompanied by a full translation into Italian by one of the translators designated by this Consulate General.
- Photocopy of the Birth Certificate of the non-Italian parent (where applicable) and copy of the passport issued buy his/her country of origin;
- Photocopy of the “Wallet Size” birth certificate of the non-Italian parent born in Canada (where applicable)
- Photocopy of the birth certificate (long form) with the indication of the place of birth (NOT the County) of the non-Italian parent, if born in the United States (where applicable).
*APOSTILLE: HOW TO OBTAIN IT As of January 11, 2024, the Convention of The Hague on the Apostille enters into effect in Canada. This means that Global Affairs Canada and Provincial Authentication Services will no longer authenticate public documents or other notarized private documents. Instead, they will issue an Apostille (a certificate that will accompany the original document it refers to). The Apostille eliminates steps required to get documents accepted in countries where the convention is in effect (including Italy). As an example, if a document carries the apostille, the legalization by the Consulate General of Italy will no longer be required.If a document (such as a birth or death certificate) has been issued by the Authorities of Manitoba or North West Territories or if it has been notarized by Manitoba or NWT Authorities, the Apostille will be issued by Global Affairs Canada.
Click here for information on the procedure to apply for an Apostille issued by Global Affairs Canada.If a document has been issued or notarized in Ontario, the request for an Apostille will have to be sent to the Ministry for Public and Business Service Delivery of Ontario.
Click here for information on the procedure to apply for an Apostille issued by MPSBD Ontario.If a document carries the Apostille, it does not require further legalization by the Consulate. As of January 1, 2025, the Consulate no longer legalises Canadian vital records. Such documents must carry the Apostille.TRANSLATIONS CARRIED OUT BY ATIO CERTIFIED TRANSLATORS:The Consulate can legalise translations carried out by ATIO certified translators whose signature is on file with this Consulate (list available here). Please note that a consular fee is due for the legalization of translators’ signature (art. 69 of the Consular Fee).
If you wish to contact a translator not registered with our Consulate, you may do so but, in order for that translation to be used/recognized in Italy you will have to a) have the translation notarized by a notary public/lawyer operating in Canada; b) you will have to apply for the Apostille issued either by Global Affairs Canada or by the Official Documents Service of Ontario, based on where your translation is notarized.
Once your translation is apostilled, no further legalization of the Consulate will be required.
The consular fee (Art. 69 above) must be included in the envelope, in the form of a money order/bank draft for the exact amount, in Canadian dollars, made out to the Consulate General of Italy in Toronto. If in doubt with reference to the amount due, kindly reach out to toronto.anagrafe@esteri.it.
If the birth certificate has been issued outside Canada, you will have to apply for the apostille or for a consular legalization with the relevant foreign Authorities/Italian Consulate in the Country in which the certificate was formed.
D) Minor, born abroad, who can obtain Italian citizenship only (the minor has NO RIGHT to any other foreign citizenship)
A child born in Canada, barring exceptional circumstances, is generally Canadian by birth.
Therefore, the situation described in letter D) is unlikely to apply.
In any case, if the newborn cannot (for reasons that will need to be ascertained) be recognized as having any citizenship other than Italian, the request for birth certificate registration may be processed as “automatic transmission.”
For more information on this specific case, contact consgentoronto.minori@esteri.it.
If the request for registration does not fall under any of the above-listed cases, depending on the circumstances, it may still be possible for both parents to submit a Declaration of Intent. In this case, citizenship is not automatically transferred, but rather acquired by law (Article 4, paragraph 1-bis of Law 91/92).
For further information on acquiring citizenship by benefit of the law for minors, please refer to: Acquiring Citizenship by “Benefit of the Law” (Minor Children Born Abroad)