Italian citizenship by descent 2026: new rules and how to apply

Find out who can still obtain Italian citizenship by descent in 2026, what changed after the 2025 reform, and which rules apply to minor children.

Italian citizenship iure sanguinis has not been abolished, but it has been profoundly reformed by Law No. 74/2025, which converted Citizenship Decree No. 36/2025 into law, and since 2025 it has become much more selective.

• Before: an automatic right for descendants of any generation.
• Today: in many cases, recognition no longer operates automatically, but requires active steps by the applicant.

Decree-Law No. 36/2025, converted into Law No. 74/2025, has limited transmission by descent, introduced the concept of an effective link with Italy, and imposed substantial generational limits, especially for those born abroad holding another citizenship.

The aim of the new citizenship legislation was to strengthen the effective link with Italy and place a limit on the recognition of citizenship for persons whose only connection with Italy was a very distant ancestor.

In March 2026, the Constitutional Court confirmed the legitimacy of these restrictions, rejecting the main constitutional challenges and leaving the new system fully in force.

In this scenario, understanding whether you still have the right to Italian citizenship and which procedure you must follow requires a careful analysis of your specific case and of the new deadlines, especially for minor children.

What has changed: end of automatic recognition and a two-generation limit

Before the reform, it was enough to prove an unbroken genealogical line from an Italian ancestor, even a remote one, such as a great-grandparent, great-great-grandparent, and so on, for citizenship to be transmitted automatically iure sanguinis, with no generational limits.

Today, for those born abroad who hold another citizenship, automatic recognition has been abolished, and many people are legally regarded as having “never acquired Italian citizenship”.

The exceptions are now more limited.

The new rules introduce a substantial limit to parents and grandparents, namely first- or second-degree ascendants, together with the requirement of an effective link with Italy, which can be shown, for example, through the parent’s residence in Italy for at least two years before the child’s birth.

In summary: what changes in 2026

• substantial limit to parents and grandparents
• end of automatic recognition for many people born abroad
• new rules for minor children
• free declaration for minors
• confirmation of the reform by the Constitutional Court

Table: Before and After the 2025 Reform

Scenario	Rules before 28 March 2025	Rules after Law No. 74/2025
Generational limit	No express limit, even a remote ancestor	Substantial limit to Italian parents or grandparents
Born abroad with another citizenship	Acquisition was practically automatic	Regarded as having “never acquired” citizenship, except in specific cases
Ascendant with dual citizenship	Allowed	Depends on the legal circumstances and on how the exceptions under the new framework are applied
Application submitted by 27 March 2025	Old rules apply, with unlimited generations	Still assessed under the old rules

Who can apply for italian citizenship by descent in 2026

The basic principle remains the same: anyone born to an Italian parent is an Italian citizen.

However, attention must be paid to one key point: for those born abroad who hold another citizenship, automatic recognition has been abolished, pursuant to Article 3-bis of Law No. 91/1992.

Before Decree-Law No. 36/2025, Italian citizenship iure sanguinis was considered a right acquired at birth.

That concept has now changed profoundly.

For applications submitted after 27 March 2025 at 11:59 p.m. (Rome time), the law provides that, in certain cases, the person is to be considered as never having acquired Italian citizenship from birth, unless at least one of the specific conditions laid down in the new Article 3-bis of Law No. 91/1992 applies.

Substantial limit: long genealogical chains, such as great-grandparents, great-great-grandparents, and beyond, are no longer enough. Transmission is now substantially limited to two generations.

Important: anyone who submitted an application, booked a consular appointment, or started court proceedings by 11:59 p.m. on 27 March 2025, Rome time, will be assessed under the old rules, which allowed unlimited generations.

When citizenship can still be transmitted automatically

In order to acquire Italian citizenship automatically if born abroad, the following two circumstances must be met:

• one of the parents or grandparents, namely a first- or second-degree ascendant, held Italian citizenship exclusively at the time of the grandchild’s birth, or at the time of their death;
• it can be demonstrated that one of the Italian parents resided lawfully and continuously in Italy for at least two years after acquiring Italian citizenship and before the birth or adoption of the child.

When the 2025 reform does not apply

The new limitations do not affect:

• those who have already been recognised as Italian citizens iure sanguinis, whether administratively or by court order;
• those who submitted an application, booked a consular appointment, or started court proceedings by 27 March 2025, whose case therefore remains governed by the previous system.

Minors and children of italian citizens: new rules, deadlines, and free procedure

One of the most delicate aspects of the reform concerns minor children born abroad and the children of citizens recognised iure sanguinis, for whom the reform abolished automatic acquisition at birth and replaced it with acquisition by operation of law, subject to declarations and strict deadlines.

Minors born abroad to an italian parent

Minor children born abroad who hold another citizenship no longer automatically become Italian.

Citizenship is acquired:

• through a declaration of intent by the parents or legal guardian, to be submitted to the competent Consulate, or to the Municipality if the family resides in Italy;
• in compliance with mandatory deadlines, which vary depending on the date of birth:
• if the child was born before the law entered into force, the declaration must be filed by 31 May 2029;
• if the child was born after the law entered into force, the declaration must be filed within three years of birth.

Table: Citizenship for Minor Children Born Abroad, Acquisition by Operation of Law

Situation	Deadline for the declaration	Cost	Where
Children born before 25 May 2025	Until 31 May 2029	Free of charge	Declaration before the Consulate or Municipality
Children born after 25 May 2025	Within 3 years of birth	Free of charge	Declaration before the Consulate or Municipality

From 1 January 2026, the administrative fee of EUR 250 for these declarations has been abolished. The procedure is therefore free of charge for minor children.

Minor children of citizens who are recognised as italian or reacquire citizenship

Minor children of citizens who acquire or reacquire Italian citizenship no longer automatically follow the parent.

In summary:

• a minor may become Italian if he lives in Italy, cohabit with the parent, and have had lawful residence there for at least two years, pursuant to Article 14 of Law No. 91/1992 as amended;
• for minors born abroad holding another citizenship, a double filter applies: the rules on acquisition by operation of law, together with the effective link requirements laid down in Article 3-bis.

A mistake regarding the deadlines or the manner in which the declaration is filed may lead to the permanent loss of the right. It is therefore essential to assess each case individually.

How to apply for citizenship: administrative route or judicial route

Recognition of Italian citizenship iure sanguinis may take place through the administrative route, before the Consulate or an Italian Municipality, or through the judicial route, before the Civil Court.

The choice between the administrative and judicial route depends on the specific case, because not every situation can be addressed equally through both procedures.

Administrative procedure, Consulate or Municipality

• Abroad: an application is filed with the Italian Consulate having jurisdiction over the applicant’s residence, after booking an appointment online, enclosing the full genealogical documentation, duly translated and legalised.
• In Italy: the applicant establishes registered residence in a Municipality and files the application with the Civil Status Office. Many local authorities require an additional fee for handling complex cases.

For adults applying through Consulates, the 2025 Budget Law increased the consular fee from EUR 300 to EUR 600 starting from 1 January 2025.

This is in addition to the costs of documents, translations, apostilles, and any municipal fees.

Documents to be submitted, updated for 2026

The genealogical documents to be submitted remain the same, although Consulates in particular may require more specific documentation, such as a historical residence certificate or a birth certificate matching the original record exactly:

• extract of the birth certificate of the Italian ascendant, issued by the Municipality of birth;
• birth, marriage, and death certificates for the entire direct line;
• certificate showing that the ascendant did not renounce Italian citizenship;
• the applicant’s birth certificate and personal documents.

Judicial procedure, before the competent Court

The judicial route is appropriate where:

• the administrative application has been rejected for reasons considered unlawful, or the Municipality or Consulate has failed to respond for a long period of time;
• the case concerns maternal lines before 1948, where court proceedings are the only possible route.

Territorial jurisdiction for filing the claim lies with the Court of the district where the Italian ancestor was born, save for rare exceptions, and legal representation by a lawyer admitted to the Italian Bar is mandatory.

Average timeframes are approximately 12 to 24 months, depending on the Court’s workload.

Table – Administrative Route vs Judicial Route

Feature	Administrative procedure	Judicial procedure
Competent authority	Consulate / Municipality	Civil Court, district of the ancestor’s birth
Key requirement	Residence within the consular district or Municipality	Administrative inactivity or refusal, maternal line, complex cases
Fixed costs	EUR 600 for adults applying through Consulates, plus various additional costs	Court filing fee, stamp duties, legal fees
Indicative timeframe	Highly variable, often lengthy	Around 12 to 24 months on average

Citizenship application if you no longer fall within iure sanguinis

If the new law has deemed your bloodline interrupted, for example because you descend from a remote ancestor or because the effective link is missing, there are alternative routes that may still allow you to obtain Italian citizenship.

Citizenship by marriage or residence

• Citizenship by marriage or civil union: if your spouse or partner is an Italian citizen, citizenship may be granted after two years of residence in Italy or three years if residing abroad. These timeframes are halved if there are children.
• Citizenship by residence: four years for EU citizens, ten years for non-EU citizens, subject to a minimum income requirement and proper integration.
• For descendants within the second degree of an Italian citizen by birth, the required length of residence may be reduced.

Law No. 74/2025 introduced facilitated residence, requiring only two years, for those with a parent or grandparent who is an Italian citizen by birth, as well as specific advantages for adult foreign nationals born in Italy who have at least three years of lawful residence.

Advantages for persons of italian descent: employment and return to Italy

In order to encourage the return of people of Italian descent and help them re-establish a meaningful relationship with Italy, the reform introduced:

• entry for subordinate employment outside the annual quota system under the “decreto flussi” for direct descendants of Italians living in countries with a history of Italian emigration;
• facilitated citizenship by residence for those who decide to live permanently in Italy.

A practical example: a grandchild of Italians living in a country of historical emigration may obtain a work visa for Italy without waiting for the annual quotas, move to Italy, and then apply for citizenship by residence within a shorter timeframe.

Reacquisition of citizenship, special window 2025 to 2027

Law No. 74/2025 opened a special window for reacquisition of citizenship for those who lost it under former Law No. 555/1912.

• Eligible persons: those born in Italy, or who resided in Italy for at least two continuous years, and who lost citizenship through naturalisation or other grounds provided for by the 1912 law.
• Period: formal declaration of reacquisition from 1 July 2025 to 31 December 2027.
• Effects: reacquisition is voluntary, not retroactive, and does not automatically extend to children living abroad. For minors, the rules on residence and cohabitation in Italy still apply.

When you need a lawyer for italian citizenship

The new rules have created a highly complex situation, with interpretations that are not always uniform among Consulates, Municipalities, and ministerial offices. The same provisions on the generational limit, the “exclusive” citizenship of the ascendant, and the parent’s two-year residence in Italy are applied with varying nuances depending on the authority involved.

The lawyers in the Immigration Department of Boccadutri International Law Firm analyse hundreds of citizenship cases each year involving descent, minors, and reacquisition, on the basis of updated legislation, ministerial circulars, and the most recent decisions of the Constitutional Court and the ordinary Courts.

We can:

• verify whether you still fall within iure sanguinis after the reform;
• check whether your application may still benefit from the pre-27 March 2025 regime;
• assist you in choosing between the consular procedure, the municipal procedure, or judicial proceedings;
• protect the rights of your minor children and assess any alternative routes, including residence, work, marriage, or reacquisition.

Do you have doubts about your family case?

A preliminary review can prevent mistakes that may compromise the application.

Contact us for an initial assessment: in a context where deadlines and time limits, especially for minors, are decisive, acting promptly and with a clear strategy can make the difference between obtaining Italian citizenship and losing it permanently.

Updated operational Table – Typical iure sanguinis citizenship cases in 2026

Typical case	Legal position today	Main risk
Court application already filed before 28 March 2025	Protected by the previous regime, with unlimited generations	Failure to provide documentary proof of the bloodline
Administrative or consular application filed before 28 March 2025 but not yet decided	Grey area: restrictive application possible, but defensible in court	Rejection or suspension through the application of Law No. 74/2025
No application filed, descendant within 2 generations, parent or grandparent	Still potentially eligible	Stricter evidential requirements and slow procedures
No application filed, descendant beyond 2 generations, great-grandparent or great-great-grandparent	Generally no longer eligible after the reform	Automatic rejection
Court proceedings to be started now, beyond 2 generations	Admissible only in specific cases, such as impossibility of access to the administrative route	High uncertainty as to the outcome
Citizenship already recognised, administratively or judicially	Consolidated status, not affected by the reform	Only exceptional cases, such as fraud or serious error
Case involving documentary errors, such as names, dates, or maternal lines	Currently subject to judicial assessment	Possible rejection due to documentary inconsistencies
Born abroad with dual citizenship, application filed after 27 March 2025	In many cases regarded as having “never acquired” citizenship	Automatic exclusion unless an exception applies
Presence of an Italian ascendant within the second degree holding only Italian citizenship	Possible access to automatic citizenship	Need for strict proof
Italian parent with residence in Italy for at least 2 years before the child’s birth	May satisfy the effective link requirement	Difficulty proving continuous residence
Lack of an effective link with Italy	Excluded under the new system	Rejection of the application
Minor child born abroad before 25 May 2025	May obtain citizenship by declaration by 31 May 2029	Loss of the right for failure to meet the deadline
Minor child born abroad after 25 May 2025	Declaration must be filed within 3 years of birth	Permanent loss of the right if filed late
Minor child of a citizen recognised iure sanguinis	Does not automatically acquire citizenship	Need for declaration plus additional requirements
Minor cohabiting in Italy with an Italian citizen parent	May acquire citizenship under Article 14 of Law No. 91/1992, as amended	Lack of residence or cohabitation
Child born abroad to a parent who was already an Italian citizen at the time of the child’s birth	Citizenship may be possible, but not always automatic after the reform	Failure to register the birth or other unmet requirements
Bloodline interrupted due to the ancestor’s naturalisation before the descendant’s birth	Exclusion from the right iure sanguinis	Impossibility of reconstructing the line
Applicant no longer eligible under iure sanguinis	Alternative routes may be available	Longer timeframe
Access to citizenship by residence for persons of Italian descent	Possible with reduced requirements, including as little as 2 years	Need to relocate and integrate
Citizenship through marriage to an Italian citizen	A viable alternative	Timeframes and formal requirements
Reacquisition of citizenship during the 2025 to 2027 window	Possible for former Italian citizens	Not automatic for children
Descendant eligible for a facilitated work visa as a person of Italian descent	Possibility of entering Italy and then applying for citizenship later	Longer but structured path

FAQ: Frequently Asked Questions on Italian Citizenship by Descent in 2026

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