Italian Citizenship by Descent in 2026: Jure Sanguinis Under Law 74/2025

Can you get Italian citizenship through your ancestors? Yes — but Italy's citizenship by descent (jure sanguinis) rules changed fundamentally with Law 74/2025, effective 24 May 2025. The previous unlimited-generation rule is gone. New applications must meet a 2-generation limit plus an additional exclusivity or residency condition.

You qualify for automatic Italian citizenship by descent if:

• Option 1: Your Italian-citizen parent or grandparent held exclusively Italian citizenship (no dual nationality) at the time of the next birth in the line, OR
• Option 2: Your Italian-citizen parent was resident in Italy for at least 2 continuous years after acquiring citizenship and before your birth.

Claims through great-grandparents or earlier generations are no longer accepted for new applications submitted after 27 March 2025. The 1948 maternal line rule persists: citizenship transmission through female ancestors is only recognised for births after 1 January 1948, and requires a court application rather than consular processing.

Italian citizenship by descent grants you an EU passport, the right to live and work anywhere in the European Union, and access to Italy's healthcare and social benefits. Unlike citizenship by naturalisation (which now takes 10 years following the wider 2025 reforms), jure sanguinis has no residency requirement — you can apply from abroad if you meet the new eligibility criteria.

What Is Italian Citizenship by Descent?

Italian citizenship by descent — cittadinanza per discendenza, or jure sanguinis in Latin — is the right to claim Italian citizenship through Italian ancestors. Historically, Italy permitted this through unlimited generations, with descendants able to claim citizenship through great-great-grandparents and earlier provided an unbroken citizenship chain could be proven. That changed in 2025.

Jure Sanguinis Explained

Jure sanguinis means "by right of blood." Italian nationality law (originally Law 555/1912, currently codified in Law 91/1992 as amended) recognises that Italian citizenship transmits automatically from parent to child at birth. Until Law 74/2025, this transmission worked across any number of generations. Post-reform, only parent and grandparent transmission counts for new applications.

Who Can Apply Under the 2025 Rules?

You may qualify if all of the following are true:

• You have an Italian-citizen parent or grandparent (2-generation limit).
• That ancestor either held exclusively Italian citizenship at the time of the next birth in the chain, OR your Italian-citizen parent resided in Italy for 2+ continuous years before your birth.
• The chain of Italian citizenship was unbroken — no ancestor renounced or lost Italian citizenship before the next birth.
• For maternal-line claims with births before 1948: court application required, not consular.

If your claim runs through a great-grandparent or earlier ancestor and you didn't submit your application or secure an appointment before 27 March 2025, you no longer qualify under the new rules.

The 1948 Rule

Before 1 January 1948, Italian law (under the 1912 nationality act) didn't permit women to transmit citizenship to their children except in very narrow circumstances (stateless father, unknown father). This created a gender-discrimination gap: men could pass citizenship to descendants, women generally could not. When Italy's 1948 Constitution introduced gender equality, Italian courts began holding that this principle applies retroactively — but only by court application, not through consulates.

The practical effect: if your claim depends on a female ancestor who gave birth before 1948, you cannot apply at your local Italian consulate. You must file a court case in Italy, typically with the help of an Italian attorney. Court timelines are 2–4 years on average; success rates have historically been high in well-prepared cases.

Important 2026 note: the Italian Supreme Court's United Sections (Sezioni Unite) are expected to rule on how Law 74/2025 interacts with the 1948 rule and whether the new restrictions can be applied to pending 1948 cases. Consult an Italian citizenship lawyer for case-specific advice if you're pursuing a pre-1948 maternal-line claim.

What Documents Do You Need?

Documentation requirements are now stricter under Law 74/2025 because applicants must prove either the ancestor's exclusive Italian citizenship or the parent's 2-year Italy residency, in addition to the standard lineage chain.

Core Documents (Required for Every Application)

• Your birth certificate (long form, with parental information)
• Your marriage certificate (if applicable)
• Birth, marriage and death certificates for each ancestor in the chain back to the qualifying Italian-citizen ancestor
• Italian ancestor's birth certificate from the Italian comune (estratto dell'atto di nascita)
• Proof of the ancestor's Italian citizenship — typically Italian passport, military record, or comune registration
• Evidence the Italian ancestor did not naturalise as a citizen of another country before the next birth in the line (or, if they did, that the naturalisation occurred after that birth)

Additional Documents Under Law 74/2025

• For the exclusivity route: Documentation showing your transmitting parent or grandparent did not also hold non-Italian citizenship at the relevant time. This often requires foreign-country naturalisation records showing they never naturalised, or showing they renounced before the next birth.
• For the Italy residency route: Italian residence registration records (registro dell'anagrafe, certificato di residenza) showing 2+ continuous years of residence in Italy after acquiring Italian citizenship and before the applicant's birth.

All documents in languages other than Italian must be translated into Italian by a certified translator and authenticated with an Apostille (under the 1961 Hague Convention) or — for non-Hague-Convention countries — through full consular legalisation. This is typically the most time-consuming and expensive part of the process.

How Do You Apply?

Two routes, depending on your situation:

Consular Application

For most applicants with paternal-line claims (or maternal-line claims with births after 1 Jan 1948), you apply at the Italian consulate covering your area of residence. Steps:

1. Book an appointment via the consulate's online system — current wait times for appointments at major consulates (New York, São Paulo, Buenos Aires) can run 12–24 months.
2. Submit your documentation in person on the appointment date.
3. Pay the €600 application fee (typically required in local currency or as a certified bank draft).
4. Wait for the consulate to verify and forward your file to the relevant Italian comune.
5. Once the comune confirms registration in the Italian civil registry (AIRE), you can apply for an Italian passport.

Total timeline including appointment wait: typically 24–36 months.

Court Application (1948 Cases and Backlogged Consulates)

If your case requires a court application (1948 maternal-line) or you choose to bypass long consular wait times, you can file a citizenship case directly in Rome's civil court. You'll need an Italian attorney to represent you; you don't need to be present in Italy. Timelines: 2–4 years, including appeals if any. Costs: typically €3,000–10,000 in legal fees on top of the standard documentation costs.

Costs and Timeline

Total cost varies enormously by case complexity and whether you use legal help:

• Application fee: €600 (consular) or court filing fees of approximately €500–€1,500
• Document procurement: $500–$3,000 depending on how many vital records you need and from where
• Certified translations: €25–€50 per document; a typical chain requires 15–30 documents
• Apostille / legalisation: $25–$100 per document depending on jurisdiction
• Italian attorney (optional for consular, essential for court): €3,000–€10,000+ for end-to-end representation
• Full-service agencies: $5,000–$25,000+ depending on complexity and how much they handle

Realistic budget for a straightforward consular case handled mostly yourself: €2,500–€5,000 total. For a complex case (1948 rule, court route, missing records, document discrepancies) handled by a lawyer: €10,000–€20,000+.

What Are the Benefits of Italian Dual Citizenship?

The substantive benefits of an Italian (and therefore EU) passport:

• EU residency rights: live, work, study and retire in any EU member state without needing a visa.
• Schengen freedom of movement: cross EU internal borders without checks.
• Visa-free travel: the Italian passport currently provides visa-free or visa-on-arrival access to ~190 destinations.
• Access to Italian public healthcare (SSN) if you become a resident.
• EU university tuition rates: significantly lower than international-student fees in most EU countries.
• Voting rights: in Italian elections and European Parliament elections.
• Pass citizenship to your children: subject to the same Law 74/2025 conditions.
• Dual citizenship permitted: Italy doesn't require you to renounce your current citizenship.
• Access to Italian life: see our guide to the best places to live in Italy if you're considering moving once you have the passport.

Tax Implications

Italian citizenship does not by itself create Italian tax residency. You become an Italian tax resident only if you spend 183+ days/year in Italy, register with Italy's resident population records (anagrafe), or have your habitual residence (domicile) in Italy.

For US citizens specifically: the US taxes its citizens on worldwide income regardless of residence. If you become both an Italian citizen and an Italian tax resident, you'll need to navigate both systems and the US-Italy tax treaty. Foreign Earned Income Exclusion, foreign tax credits, and FATCA reporting all become relevant. Consult a tax professional experienced in US-Italy cross-border taxation before relocating.

Minor and Adopted Children

Children born to Italian citizens automatically acquire Italian citizenship at birth, regardless of where they're born. If born abroad, the birth must be registered with the Italian consulate (or transcribed to the appropriate Italian comune) for the citizenship to be reflected in official records and for an Italian passport to be issued.

Adopted children of Italian citizens acquire Italian citizenship through the adoption, typically requiring the Italian-court recognition of the foreign adoption order and registration with Italian authorities. Adult adoptees follow a different procedure with longer timelines.

Maintaining Italian Citizenship

Once recognised, Italian citizenship is generally permanent and not subject to expiry. You don't lose it for failing to live in Italy. Practical maintenance steps:

• AIRE registration: if you live abroad as an Italian citizen, you must register with AIRE (Registry of Italians Resident Abroad) at the consulate covering your location. This is required to vote and to receive consular services.
• Record updates: notify the appropriate Italian authorities (typically your consulate or comune) of marriages, divorces, births and deaths affecting your civil status.
• Passport renewal: every 10 years at any Italian consulate.

Frequently Asked Questions

What is jure sanguinis?

Latin for "right of blood." It's the legal principle that citizenship transmits from parent to child by descent, regardless of where the child is born. Italy uses jure sanguinis as its primary basis for citizenship transmission.

What changed with Law 74/2025?

Law 74/2025 (originally Decree-Law 36/2025) introduced three big changes for new applications submitted after 27 March 2025: (1) a 2-generation limit — only parent or grandparent claims are accepted, not great-grandparents or earlier; (2) for those born abroad with another citizenship, automatic transmission requires either exclusive Italian citizenship in the transmitting ancestor at the relevant time, or the Italian parent being resident in Italy for 2+ years before the applicant's birth; (3) the 1948 maternal-line rule remains in place but is under active judicial review.

I started gathering documents before March 2025 — am I covered by the old rules?

Only if you formally submitted your application or had a consular appointment scheduled before 27 March 2025. Simply gathering documents or planning to apply isn't enough. If you're in this position, consult a citizenship lawyer urgently — there may be court-route alternatives.

Do I need to visit Italy to apply for citizenship by descent?

No. Consular applications happen at your local Italian consulate. Court applications can be handled by an Italian attorney without you being present in Italy.

Can I apply through the consulate if my ancestor is a female born before 1948?

No. The 1948 rule requires a court application in Rome, typically with the help of an Italian citizenship attorney.

What if my Italian ancestor also held another citizenship?

Under Law 74/2025, if your transmitting parent or grandparent also held a non-Italian citizenship at the time of the next birth in the line, automatic transmission may not apply — unless your Italian parent was resident in Italy for at least 2 continuous years before your birth. This is the new "exclusivity clause." Get specific legal advice for your case.

Do I need to renounce my current citizenship?

No. Italy permits dual (or multiple) citizenship. You retain whatever citizenships you already hold.

Is there a language requirement?

No. Italian language proficiency is required for citizenship by marriage and naturalisation, but not for citizenship by descent.

How long does the application process take?

Consular applications: typically 24–36 months from appointment to recognition, plus the appointment wait time (12–24 months at major consulates). Court applications: 2–4 years on average.

What happens if my documents have minor discrepancies in names or dates?

Small inconsistencies — misspelt names, transliteration variants, slight date differences — are common in family records and can usually be resolved with supporting documents or sworn affidavits. Significant discrepancies (different middle names, different birth dates) may require court action to formally correct, which adds substantial time and cost.

Can I fast-track my application?

There's no official fast-track for descent-based citizenship. A well-prepared application with no documentation gaps is the most effective way to avoid delays. The court route can sometimes be faster than a backlogged consulate, but typically isn't dramatically quicker overall.

Sources

• Italian Ministry of Foreign Affairs — Citizenship
• Law 74/2025 (Gazzetta Ufficiale)
• Italian Citizenship Law (No. 91/1992, consolidated)

Last verified: May 2026.