Italian citizenship iure sanguinis 2026: new rules, limits, and deadlines for minor children

The current rules on Italian citizenship by descent: limits on iure sanguinis, 2026 updates for minor children, extension of deadlines and declaration costs. Rules and deadlines for reacquisition.

Italian Citizenship has undergone a major tightening with the entry into force of Law 74/2025, which converted, with amendments, the so-called Citizenship Decree, containing urgent provisions on Citizenship and significantly changing access to Citizenship by descent (iure sanguinis), especially for those born abroad.

The legislator’s aim was to strengthen the effective link with Italy of descendants of Italians living abroad, by introducing new requirements and stricter conditions.

The law has not been welcomed by many representatives of people of Italian descent abroad, and there has been no shortage of formal objections and appeals to the Constitutional Court and the Court of Cassation.

2026 update: opinion of the Constitutional Court

Decree-Law No. 36/2025 was strongly criticised above all because of its urgent nature and its retroactive application.

A first constitutional legitimacy hearing was held on 11 March 2026 before the Constitutional Court.

The following day, 12 March 2026, the Court anticipated the ruling with a press release stating that the claims of unconstitutionality raised against the law were unfounded.

Constitutional Court: the limits on iure sanguinis comply with the Constitution

In March 2026, the Constitutional Court dismissed the questions of constitutional legitimacy raised by the Court of Turin, in proceedings brought by some descendants of Italian citizens residing abroad, against Decree-Law No. 36/2025 (converted into Law No. 74/2025).

According to the applicants, the new rules could have violated several constitutional principles, including:

• the principle of equality (Art. 3 of the Constitution)
• the protection of fundamental rights (Art. 2 of the Constitution)
• compliance with European law (Art. 117 of the Constitution)

Through a press release, the Court declared the issues partly unfounded and partly inadmissible, thereby confirming the validity of the new rules on Italian citizenship by descent.

The requirement of an effective link and the limit to children and grandchildren only (second generation) of citizens born in Italy were confirmed, in order to counter so-called “easy citizenships”.

We are awaiting the full grounds of the decision, which will be published in the coming weeks, but the decision already made public strengthens the validity of the limitations introduced in 2025 on iure sanguinis, which remain fully in force.

Compatibility with European and international treaties

• European compatibility (TEU/TFEU): the Court declared the questions regarding violation of Art. 9 TEU and Art. 20 TFEU unfounded, as those provisions link European citizenship to national citizenship. National legislators retain the power to establish the relevant requirements, provided they are not arbitrary.
• Universal Declaration of Human Rights: the objections concerning Art. 15(2) of the Declaration, namely the right not to be arbitrarily deprived of citizenship, were rejected, since the limitations do not amount to arbitrary deprivation.
• ECHR: the questions relating to Art. 3(2) of Protocol No. IV to the ECHR, concerning the right to enter the territory of one’s own State, were declared inadmissible, as no direct violation arising from the restrictions introduced by the reform was found.

Key points on the limits to iure sanguinis (updated to March 2026):

• New limits (2025 reform): a stricter limit has been introduced, often requiring a more effective link with Italy than mere unlimited genealogical descent.
• Constitutionality: the Constitutional Court rejected the constitutional challenges, declaring the new provisions reasonable and consistent with the Constitution.
• Non-retroactivity: case law tends to exclude the application of the new restrictions to citizenship applications already filed before the new rules entered into force (27 March 2025).

In summary, the current case law confirms that the limits placed on iure sanguinis citizenship are legitimate, restricting the possibility of recognition for generations that are very distant in time.

The requirements for iure sanguinis citizenship under the law

Let us look clearly and accessibly at the main developments and what prospective Italian citizens need to know.

The main law governing Citizenship remains Law No. 91/1992, to which several substantial amendments have been made. While confirming the principle of iure sanguinis, those amendments introduce requirements designed to prove an effective link with Italy that is not remote in time on the part of prospective citizens.

In practice, the substantial change concerns the confirmation of the generational limit, introduced by Decree 36, governing the transmission of Italian iure sanguinis Citizenship, together with the end of automatic transmission for those who were born abroad and hold another Citizenship.

The changes introduced by Law 74 on iure sanguinis citizenship

These are the changes first introduced by the Citizenship Decree, already effective from 28 March 2025, whose wording was slightly amended during discussion in the Senate and then incorporated into Law 74/2025:

• Citizenship for those born abroad: automatic recognition only in limited cases
• Foreign or stateless minors: acquisition by operation of law
• Disputes concerning determination of stateless status and Italian citizenship
• Provisions to encourage people of Italian descent to recover their Italian roots and consequently acquire Italian citizenship:
  • Entry for employed work for descendants of Italians
  • Facilitated citizenship for descendants of Italian citizens
  • Reacquisition of citizenship by former citizens

Citizenship for those born abroad: automatic recognition only in limited cases

The new rules have excluded the automatic attribution of Italian Citizenship to persons born abroad who hold another Citizenship.

The rule also applies to those born before it entered into force.

Under the law, “a person born abroad, including before the date of entry into force of this article, who is in possession of another citizenship, shall be deemed never to have acquired Italian citizenship”, unless one of the following conditions applies:

• Recognition had already occurred, or an appointment had already been communicated to the person concerned by the competent office (Municipality or Consulate) by 27 March 2025;
• Judicial determination following an application filed by 27 March 2025;
• One of the parents or grandparents, namely one of the so-called “first- or second-degree ascendants”, has exclusive possession of Italian Citizenship (dual Citizenship is not allowed).

This is also accepted if one of them held Italian Citizenship exclusively at the time of death.

• One of the natural or adoptive parents had legal and continuous residence in Italy for at least two years after acquiring Italian Citizenship and before the birth or adoption of the child.

Foreign or stateless minors: acquisition by operation of law

A mode of acquisition of citizenship by operation of law has been introduced, applicable to foreign or stateless minors descended from parents who are Italian citizens by birth.

Citizenship may be obtained if:

• the parents or the guardian file a declaration of intent;
• the minor resides legally and continuously in Italy for at least two years following the declaration;

or

• the declaration is filed within three years of birth or of recognition/adoption by an Italian citizen.

Article 14, paragraph 1, of Law No. 91 of 5 February 1992 provided that minor children of a person who acquires or reacquires Italian citizenship, if cohabiting with that person, acquire Italian citizenship, but, once they reach adulthood, may renounce it if they hold another citizenship.

The new law specifies that this is possible only “if, on the date on which the parent acquires or reacquires citizenship, the minor has been legally resident in Italy for at least two continuous years, or, if under two years of age, since birth”.

Citizenship through grandparents: it is not enough that they are Italian

The condition relating to grandparents in the context of Italian iure sanguinis citizenship refers to a specific rule introduced by the recent amendments to Law 91/1992 (in particular Art. 3-bis, paragraph 1, letter c), which governs automatic acquisition of citizenship for minors born abroad.

The law states that a child born abroad is an Italian citizen if “a direct ascendant up to the second degree (parent or grandparent) holds or held at the time of death only Italian Citizenship”.

This means that the entitlement remains if the transmission has continued from grandparents to parents.

It is not enough that the grandparent is exclusively Italian. The parent must also have been exclusively Italian at the time of the child’s birth in order for the bloodline to continue.

If the parent becomes a foreign national before the birth of the child, even if the grandparent has not lost Italian citizenship, the bloodline is interrupted.

Grandparents are, in effect, a starting point of the bloodline, but it is not enough that, while living abroad, they retained Italian citizenship. Their children must also have retained it at the time the next generation was born.

Italian citizenship for minor children born abroad: new rules and extension of deadlines

Recent legislative measures have also introduced important changes concerning Italian citizenship for minor children born abroad.

In particular, an extension has been introduced for the deadline to file the citizenship declaration by operation of law.

For children born before 25 May 2025, the deadline to file the declaration has been extended until 31 May 2029.

This means that parents have more time to complete the procedure necessary to have Italian citizenship recognised for their children.

For children born after 25 May 2025, on the other hand, the declaration must be filed within three years of birth.

Situation	Deadline for the declaration
Children born before 25 May 2025	By 31 May 2029
Children born after 25 May 2025	Within 3 years of birth

How much does the citizenship declaration cost for minor children?

Another important development concerns the costs of the procedure.

Previously, filing the citizenship declaration required payment of an administrative fee of 250 euros.

The new provisions, in force from 1 January 2026, have eliminated this fee.

As a result, the citizenship declaration by operation of law is no longer subject to payment of the 250-euro fee, making the procedure more accessible for families.

Children born to Italian citizens recognised through iure sanguinis

Children of citizens recognised as Italian through iure sanguinis, if born in Italy, may become Italian citizens, but under certain conditions:

1. Child born in Italy to a citizen recognised as Italian iure sanguinis

If the foreign parent has already been recognised as an Italian citizen at the time of birth, the child born in Italy is automatically an Italian citizen from birth.

No declaration is required to acquire citizenship.

Only the following are needed:

• registration of the birth with the Italian Municipality
• registration in the civil status records

✔ In this case, no deadlines or time limits apply.

2. Child born abroad to Italian citizens (iure sanguinis)

Here the situation is more complex:

Scenario A: parent already recognised as Italian before birth

• the child is an Italian citizen from birth, even if born abroad

However:

• the birth certificate must be registered in Italy
• without registration, the citizenship exists but is not operational

Scenario B: parent NOT yet recognised at the time of birth

This is the most common situation in practice.

• the child does not automatically obtain citizenship

In this case:

• the child may acquire it by operation of law
• the parents must file a declaration

3. The new rules (2025–2026) for children born abroad

For minor children born abroad to parents who obtain citizenship afterwards:

Deadlines

born before 25 May 2025

• declaration by 31 May 2029

born after 25 May 2025

• declaration within 3 years of birth

Costs

the declaration is free of charge
(the 250-euro fee is no longer required)

Summary of the differences

Situation	Automatic citizenship	Is a declaration required?	Deadline
Born in Italy to a citizen recognised as Italian iure sanguinis	Yes	No	None
Born abroad to a parent already recognised	Yes	No (but registration is required)	None
Born abroad to a parent not yet recognised	No	Yes	3 years or 31 May 2029

This distinction has practical consequences:

• many families must act quickly in order not to lose the entitlement
• mistakes in timing or procedures may permanently compromise the possibility of obtaining citizenship
• cases must be assessed individually

When it is not possible to obtain citizenship if you are the child of a citizen iure sanguinis

A minor child of an Italian citizen iure sanguinis cannot obtain Italian citizenship if:

• the parent has not yet obtained recognition of Italian citizenship
• the declaration is not filed within the prescribed deadlines
• it is not possible to prove the parent-child relationship

Provisions to encourage people of Italian descent to recover their Italian roots and consequently acquire Italian citizenship

The amendments made to Italian legislation regarding the recovery of Italian roots, as an alternative to iure sanguinis, concern those who decide to:

• work in Italy -> Entry for employed work for descendants of Italians
• live in Italy -> Facilitated citizenship for descendants of Italian citizens

Entry for employed work for descendants of Italians

The legislation provides a facilitated regime for entry into Italy for employment purposes for foreign nationals residing abroad who:

• are direct descendants of Italian citizens;
• hold the Citizenship of States with a history of significant Italian emigration.

Such persons are allowed to enter and reside in Italy for employed work, including outside the annual quotas set by the immigration flows decree.

The list of the States concerned will be defined by interministerial decree.

The new rule states: “Outside the quotas referred to in Article 3, paragraph 4, and in accordance with the procedures set out in Article 22, entry and residence for employed work shall be permitted to a foreign national residing abroad who is a descendant of an Italian citizen and holds the citizenship of a State that has been a destination of significant Italian emigration flows.”

Facilitated citizenship for descendants of Italian citizens

A simplification of the residence requirement is also provided for foreign nationals whose parent or grandparent is, or was, an Italian citizen by birth.

In such cases, the minimum period of continuous lawful residence in Italy required for the granting of citizenship is reduced from three years to two years.

Citizenship facilitation is also provided for foreign nationals (adults) born in Italy, who have resided there lawfully for at least three years.

Article 9, paragraph 1, of Law No. 91 of 5 February 1992 is amended as follows: “Italian citizenship may be granted by decree of the President of the Republic, after consulting the Council of State, on the proposal of the Minister of the Interior:

• to the foreign national whose father or mother or one of the direct ascendants in the second degree is or was an Italian citizen by birth, and who has lawfully resided in the territory of the Republic for at least two years, without prejudice in any event to the provisions of Article 4, paragraph 1, letter c);
• a-bis) to the foreign national born in the territory of the Republic who has lawfully resided there for at least three years”.

Article 9, paragraph 1, letters a and a-bis, fall within the framework of the rules on citizenship by residence or naturalisation, and applicants must therefore prove further specific requirements.

Reacquisition of citizenship by former citizens

Law No. 74 of 23 May 2025 introduced a time window for the reacquisition of Italian Citizenship, reserved for anyone who lost it under Law No. 555 of 1912 (Italian citizenship is lost if the citizenship of another State is acquired).

The measure may benefit:

• persons born in Italy;
• those who have resided there for at least two continuous years.

To regain Citizenship, they must submit a formal declaration of reacquisition during the period from 1 July 2025 to 31 December 2027.

In this way, the legislator intends to remedy situations of automatic loss of Citizenship linked to outdated legal frameworks.

In this case, the reacquisition of Italian Citizenship will be exclusively voluntary.

Who is not affected by Law 74/2025

Law 74/2025 does not concern:

• those who have already been recognised as Italian citizens iure sanguinis, through an administrative application or court proceedings;
• those who submitted an application, booked an appointment to submit an application, or brought legal proceedings under the previous rules, by 23:59 (Rome time) on 27 March 2025.

In this situation, eligibility remains and the application must be assessed under the previous rules (see “How to apply for Italian citizenship iure sanguinis”).

The reform of Italian citizenship introduced by Law 74/2025 marks an epoch-making change, especially for descendants of Italians born abroad.

Iure sanguinis is no longer automatic and requires strict conditions demonstrating a real link with Italy.

It is essential to act in time, gather the appropriate documentation and, in case of doubt, contact a law firm dealing with Italian citizenship.

Our lawyers in the Immigration Department provide assistance to anyone in need of explanations and clarification, while awaiting further instructions and guidelines from the Italian Ministry of Justice for the administrative implementation of the new law.

FAQ – Frequently asked questions on Italian citizenship 2026

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