Italian citizenship by descent

Recognition of Italian citizenship by descent (iure sanguinis) allows the descendants of Italian citizens to be recognised as citizens. Since 28 March 2025 the conditions have been significantly restricted. The Firm assesses whether the case falls within the rules currently in force and handles the preparation and submission of the application.

Conditions for recognition

Under art. 3-bis of Law 91/1992, introduced by Decree-Law 36/2025 converted into Law 74/2025, a person born abroad who holds another citizenship is deemed never to have acquired Italian citizenship, unless one of the following applies:

• a parent or grandparent holds, or held at the time of death, exclusively Italian citizenship;
• a parent resided in Italy for at least two continuous years after acquiring citizenship and before the birth or adoption of the child;
• the application for recognition was submitted to the consulate, the town hall or the judicial authority by 23:59 (Rome time) on 27 March 2025, or was submitted on the date of an appointment notified by that date. In these cases the law in force on 27 March 2025 applies.

The preliminary reference to the Court of Justice of the European Union

By judgment no. 63/2026 the Constitutional Court declared the questions of constitutionality concerning art. 3-bis to be unfounded. By its subsequent order no. 147/2026 it referred to the Court of Justice of the European Union the question of the compatibility of the provision with arts. 9 TEU and 20 TFEU. Pending that ruling, consulates and town halls apply the rules currently in force. The Firm monitors developments and assesses their effects on individual proceedings.

Minor children of Italian citizens

• The minor child of an Italian citizen by birth acquires citizenship following a declaration by the parents made within three years of the birth or of the establishment of parentage, or where, after the declaration, the child resides legally in Italy for two continuous years (art. 4, para. 1-bis, Law 91/1992).
• Transitional provisions: a child who was a minor on 24 May 2025 and whose parent was recognised as a citizen following an application submitted by 27 March 2025 may acquire citizenship by means of a declaration to be made by 31 May 2029.
• Since 1 January 2026, declarations concerning minors have been exempt from the fee of 250 €.

Reacquisition of citizenship

A person who was born in Italy, or resided there for at least two continuous years, and who lost citizenship under Law 555/1912 may reacquire it by means of a declaration to be made by 31 December 2027 (art. 17 Law 91/1992).

Principles applicable to applications submitted by 27 March 2025

• The Italian ancestor must have been born after 17 March 1861, or after the annexation of the territory of birth, or have died after that date.
• Voluntary naturalisation of the ancestor in a foreign State, occurring before the birth of the descendant, interrupts the transmission of citizenship.
• In administrative proceedings, the maternal line transmits citizenship only to persons born on or after 1 January 1948; for persons born before that date, recourse to the judicial authority is required.

Competent authority

Residents abroad submit the application to the territorially competent consulate; residents in Italy to the town hall of residence. Consulates currently operate within an annual limit on the number of applications. Law 11/2026 provides for the future transfer of competence for residents abroad to a central office of the Ministry of Foreign Affairs.

Documentation

• Birth, marriage and death records of all direct-line ascendants, back to the Italian ancestor.
• Certificate attesting that the emigrant ancestor did not naturalise.
• Documentation capable of proving that the new conditions are met (for example, certificates of non-citizenship, historical residence certificates).
• Foreign documentation bearing an apostille (or legalisation) and translated into Italian.

Costs

For an application submitted to the consulate, a fee of 600 € is payable for each adult applicant. In addition to professional fees, the costs of records and translations are payable; the Firm issues a detailed, no-obligation quote on completion of the preliminary assessment.

Ways to Italian citizenship

Sources: Law 91/1992, arts. 3-bis, 4 para. 1-bis, 17 · Decree-Law 36/2025 converted into Law 74/2025 (Official Gazette no. 118 of 23/05/2025) · Law 199/2025 · Decree-Law 200/2025 converted into Law 26/2026 · Law 11/2026 · Constitutional Court, judgment no. 63/2026 and order no. 147/2026 · Ministry of the Interior Circular no. 19951 of 12/03/2026. Information only, updated September 2026.