Complete Legal Guide — Citizenship by Descent 2025–2026
Italian Citizenship by Descent — Jure Sanguinis
Complete guide to Italian citizenship by descent after Law 74/2025 — who still qualifies, what changed, alternative pathways, required documents and how to apply.
- Practice Area:Citizenship by Descent — Jure Sanguinis
- Updated: 2027
- Audience:Italian Americans & Italian Canadians
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The Legal Foundation — A Birthright That Passes Through Generations
Italian citizenship by descent is grounded in one of the oldest and most fundamental principles of Italian citizenship law: the principle of jus sanguinis — the right of blood. Under this principle, Italian citizenship is not a privilege granted by the state. It is acquired automatically at birth and transmitted from parent to child through an unbroken line of Italian nationality, regardless of where the descendant is born or has lived.
This principle was first codified in the Italian Citizenship Law of 1912 (Law No. 555/1912), which established that citizenship follows the paternal bloodline. It was subsequently reformed by Law No. 91 of February 5, 1992, which introduced dual citizenship in Italy for the first time and allowed Italian women to transmit citizenship on equal terms with men.
Most recently — and most significantly — the principle was substantially modified by the 2025 legislative reform, which overturned decades of jurisprudence and introduced strict new eligibility requirements.
For millions of Italian Americans and Italian Canadians whose ancestors emigrated in the late nineteenth and early twentieth centuries, this right has never been extinguished. It exists in the genealogical line, waiting to be formally recognized — provided the new legal conditions are met and the documentary evidence is complete and correctly assembled.
The question that matters for most applicants today is not whether Italian dual citizenship by descent is still possible — it is — but whether their specific family history satisfies the conditions introduced by Law 74/2025, or whether their case falls within the transitional protections that preserve rights under the previous rules.
The 2025 Reform — Law 74/2025: The Most Significant Change in a Century
Background and Legislative History
On March 28, 2025, the Italian Council of Ministers issued Decree-Law No. 36/2025 — known as the Tajani Decree, after its principal architect, Deputy Prime Minister and Foreign Minister Antonio Tajani. The decree was converted with amendments into law by the Italian Parliament on May 23, 2025 and entered into force as Law No. 74/2025 the following day, May 24, 2025.
The full text was published in the Official Gazette of the Italian Republic (Gazzetta Ufficiale No. 118). The Italian government justified the reform by invoking the need to strengthen the genuine connection between citizenship applicants and Italy.
The official government press release states that the purpose of the legislation is to ensure that Italian citizenship is granted only to persons who have real and effective ties to Italy — and not to descendants of indefinite genealogical depth who have no connection to the country whatsoever. This reform represents the most significant revision of Italian citizenship law in over thirty years.
On May 28, 2025, the Ministry of the Interior issued Circular No. 26185, providing detailed operational instructions to consulates and municipalities on how to implement the new law. This was followed by Circular No. 59/2025 on June 17, 2025, with further clarifications regarding minor children, and a third circular on July 24, 2025 adding additional guidance.
- Core Rule of the New Law
New Article 3-bis, paragraph 1 of Law 91/1992 — as amended by Law 74/2025 — states: “A person born abroad, including before the date of entry into force of this article, who holds another citizenship, is deemed never to have acquired Italian citizenship.”
This applies even to persons born before May 24, 2025, unless one of the statutory exceptions applies.
The Constitutional Court Ruling — March 2026
Law 74/2025 was challenged on constitutional grounds by two Italian courts — in Turin and in Mantua — which referred constitutional questions to the Italian Constitutional Court, arguing potential violations of the equality principle (Article 3 of the Italian Constitution), the prohibition on retroactive laws, and international treaties including the European Convention on Nationality.
On March 12, 2026, the Italian Constitutional Court issued its ruling. The constitutional challenges were declared partly unfounded and partly inadmissible. The two-generation limit for new applications filed after March 27, 2025 was found to be constitutionally legitimate. The retroactivity argument was rejected. There is no automatic reopening of cases rejected under the new rules.
Who Still Qualifies — Eligibility After March 27, 2025
Under the new legislative framework, a person born abroad may still be recognized as an Italian citizen at birth if they satisfy one of three statutory exceptions.
Exception 1 — Application or Appointment Filed Before March 27, 2025
The application was submitted to the competent Italian consulate, Italian municipality or Italian court, or a consulate appointment was confirmed through the Prenot@mi platform, by 11:59 PM Rome time on March 27, 2025. In that case, the application is assessed entirely under the previous rules — with no generational limit.
Exception 2 — Parent or Grandparent Held Exclusively Italian Citizenship
The applicant has a parent or grandparent who held exclusively Italian citizenship — meaning they held no other citizenship — at the time of the applicant’s birth, or at the time of the parent’s birth respectively.
Exception 3 — Parent’s Two-Year Residence in Italy
The applicant’s parent or adoptive parent resided lawfully and continuously in Italy for at least two years after acquiring Italian citizenship and before the applicant’s birth or adoption.
The Unbroken Chain of Citizenship
Beyond satisfying one of the above exceptions, the applicant must demonstrate that the chain of Italian citizenship transmission from the Italian ancestor to themselves remains unbroken. This means that no intermediate person in the genealogical line acquired a foreign nationality through naturalization before the birth of the next descendant in the line.
Critical Legal Point
It is not enough for a grandparent to have remained exclusively Italian if the parent later acquired foreign nationality before the applicant was born. The chain must remain intact from one generation to the next.
The Previous Rules — What Applied Before March 27, 2025
Before the Tajani Decree entered into force on March 27, 2025, Italian jure sanguinis citizenship had no generational limit. Any person could claim Italian citizenship by descent provided they proved an unbroken chain of citizenship tracing back to the most recent Italian-born ancestor who was alive in 1861 — the year of Italian unification.
Third, fourth, fifth and even sixth generation descendants could apply, provided the unbroken transmission of Italian citizenship was adequately documented.
The only exception under the previous rules was transmission through an Italian woman whose child — the next link in the genealogical chain — was born before January 1, 1948. This category is addressed through the special judicial procedure of the so-called 1948 cases.
Transitional Protection
These previous rules continue to apply to all applications filed or appointments confirmed before 11:59 PM Rome time on March 27, 2025, provided the applications are complete with all required documentation.
Alternative Pathways for Those No Longer Eligible Under Jure Sanguinis
Law 74/2025 did not close all pathways for descendants of Italians who no longer satisfy the standard jure sanguinis requirements. Three important alternatives remain fully available:
Alternative 1 — The 1948 Rule: Maternal Line Cases
If your genealogical line passes through an Italian woman whose child — the next link in your genealogical chain — was born before January 1, 1948, the judicial pathway of the 1948 cases remains available and is analyzed separately.
Alternative 2 — Facilitated Naturalization Through Two-Year Residence
Descendants of Italian citizens who no longer qualify under standard jure sanguinis may apply for Italian citizenship through naturalization after two years of lawful and continuous residence in Italy, instead of the ten years that applies to other foreign nationals.
Alternative 3 — Entry for Employed Work
Law 74/2025 created a new pathway allowing descendants of Italian citizens from countries with significant Italian emigration — including the United States, Canada and Australia — to enter Italy for employment outside annual immigration quotas.
Special Provisions for Minor Children
Declaration Deadlines
| Category | Standard Jure Sanguinis | 1948 Case |
|---|---|---|
| Pathway | Administrative (Consulate or Municipality) | Judicial (Italian Court) |
| Generational Limit (new applications) | Parent or grandparent only | Under judicial clarification |
| Exclusive Citizenship Required | Yes (new applications) | Under judicial clarification |
| Processing Time | 1–5+ years (consulate) | 6–12 months (typically) |
| Travel to Italy Required | No | No |
| Italian Attorney Required | Optional | Mandatory |
| Joint Family Petition | No | Yes — cost reduction |
Declaration Costs
Originally, filing a declaration of citizenship recognition for minor children required payment of an administrative fee of €250. However, from January 1, 2026, this fee has been abolished. The declaration is now entirely free of charge.
Minor Children of Parents Who Reacquire Citizenship
When a parent reacquires Italian citizenship, their minor children do not automatically acquire Italian citizenship. Minor children acquire Italian citizenship only if they have been residing lawfully and continuously in Italy for at least two years at the date on which the parent reacquires citizenship.
Reacquisition of Italian Citizenship
Law 74/2025 opened a special time-limited window for the reacquisition of Italian citizenship for former Italian citizens.
Who Is Eligible
Those who were born in Italy, or who resided in Italy for at least two continuous years, and who lost Italian citizenship before August 15, 1992 due to naturalization in a foreign country, renunciation, or their parent’s naturalization.
The declaration of reacquisition may be submitted at the competent Italian consulate abroad — or at the competent municipality if the applicant resides in Italy — during the period from July 1, 2025 to December 31, 2027, without any requirement to reside in Italy to complete the process.
Critical Legal Note
Reacquisition is not retroactive. Children born before the reacquisition of citizenship do not benefit automatically unless they independently satisfy the specific statutory conditions.
Step-by-Step Application Process
01
Eligibility Assessment
The first and most critical step is a legal assessment of your case. This includes identifying the genealogical line, determining whether the case falls under the pre-March 2025 protections or the new Law 74/2025 framework, and evaluating any naturalization issues in the line.
02
Genealogical Research in Italian Archives
Researchers physically access the Uffici di Stato Civile of the competent municipalities, parish archives for older records, and the Archivi di Stato at provincial level, retrieving original certified vital records for every person in the genealogical chain.
03
US and Canadian Records
Naturalization records from NARA and USCIS, birth, marriage and death certificates, ship passenger manifests, Ellis Island arrival records, and related records are gathered to document the line and confirm whether the chain remained intact.
04
Certification, Apostille and Translations
Every Italian document must bear an official apostille where required, and every US or Canadian document must be accompanied by an official certified translation into Italian.
05
Application Submission
The application may be submitted through the competent Italian consulate, directly to an Italian municipality, or — where appropriate — through the courts, depending on the legal posture and timing of the case.
06
Monitoring and Legal Representation
The process continues after filing. It requires responses to requests for additional documents, clarification of discrepancies, and legal strategy where needed until the final recognition of citizenship.
Required Documents
For a standard jure sanguinis application, the required documents typically include:
Italian birth certificate of the Italian ancestor
Issued by the competent Italian municipality in estratto per riassunto format.
Birth certificates of all intermediate persons
Every person in the genealogical line from the Italian ancestor to the applicant must be documented.
Marriage certificates for every couple in the line
All marriages in the line should be documented and checked for consistency.
Death certificates where required
Often requested to complete the civil record chain and clarify identity.
Naturalization or non-naturalization records
Usually obtained from NARA or USCIS to prove that the ancestor did not naturalize before the birth of the next descendant.
Applicant’s birth certificate
The applicant’s civil record must be consistent with the rest of the file.
Certified Italian translations
All foreign-language documents must be translated into Italian according to the applicable requirements.
Why You Need an Attorney — Not Just a Genealogist
The document retrieval process and the legal process are inseparable in Italian citizenship by descent cases. Finding the documents is only the first step. Using them correctly — in the right format, submitted to the right authority, with the right legal strategy for your specific case — is where the difference between success and failure lies.
Most genealogy services find documents but cannot advise you on whether your case satisfies Law 74/2025, whether your ancestor’s naturalization date breaks or preserves the citizenship chain, or whether your case is better handled through the consulate, a municipality or an Italian court.
At ItalianDualCitizenshipLaw.com, every case is reviewed and managed by a qualified attorney who understands both Italian genealogical research and Italian citizenship law — and who can identify the strongest possible pathway for your specific family history.
- Strategic point
In post-2025 citizenship cases, the legal strategy matters as much as the documents themselves. A strong file is not just complete — it is assembled with the correct legal pathway in mind from the outset.
Need Help With an Italian Citizenship by Descent Case?
If you are claiming Italian citizenship through an ancestor, we can assess eligibility under Law 74/2025, gather records, analyze naturalization issues, prepare the application strategy and manage the process from start to finish.
