How can I determine my eligibility for Italian citizenship by descent (Jure sanguinis)?
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Do you know your ancestor’s full name?
Do you have an approximate date of birth?
Do you know the Italian province and town where they were born?
These details are crucial for the first step in qualifying for dual citizenship by descent.
If you don’t know these important details, you can find them on free websites like:
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A. Did your ancestor die in Italy before 17th March 1861?
B. Was your ancestor naturalized before June 14th 1912?
C. Is there a woman in your Italian lineage who gave birth to her child before January 1st, 1948?
If you answered yes to question A, you may not qualify. However, if you answered no, you may qualify.
If you answered yes to question B, you may not qualify. However, if you answered no, you may qualify.
If you answered no to question C you may be eligible for Italian citizenship by descent. If you answered yes, you may not be able to apply for Italian citizenship by descent; however, you may be able to pursue Italian citizenship through the court system.
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A. Did your Italian-born ancestor naturalize before their child’s birth (born in the US)?
B. Did you or any of your ancestors ever renounce your/their right to Italian Citizenship?
C. Have any of your family members already applied for or obtained Italian citizenship?
If you answered yes to question 3A, you may not be eligible for Italian citizenship by descent. If you answered no, you may be eligible for Italian citizenship by descent.
If you answered yes to question 3B, you may not be able to qualify for Italian citizenship by descent. If you answered no, you may be able to qualify for Italian citizenship by descent.
If you answered yes to question 3C, you may be able to undergo a simplified process to gain Italian citizenship. If you answered no, you may need to submit all of your family’s vital records going back only 3 generations.
NOTE: The Supreme Court of Appeal (Civil Court of Appeal, Section I, orders No. 454/2024 and No. 17161/2023) along with the Circular No. 43347, dated 3, October 2024, issued by the Ministry of Interior, have introduced new regulations regarding Italian citizenship.
If an ancestor acquired U.S. citizenship (or citizen of another foreign country) through naturalization before August 16, 1992, you will not be entitled to Italian citizenship if your ancestor’s child(ren) was a minor (minor age: 21 years old until March 09, 1975 – 18 years old from March 10, 1975 and on) on the date of obtaining foreign citizenship, even if born before your Italian ancestor’s naturalization.
If there is a woman in the line of descent, Italian citizenship can be transmitted only if the son/daughter was born after January 1, 1948. For individuals born before January 1, 1948, the transmission of citizenship occurs only through the male line.
If an Italian citizen mother has a child born before January 1st, 1948: applicants in this category must directly appeal in Italy to an Italian civil court to obtain recognition of their citizenship.
On the other hand, an Italian citizen who acquired foreign citizenship before August 16, 1992, automatically relinquished their Italian citizenship according to Article 8 of Law 555/1912. Conversely, acquiring foreign citizenship on or after August 16, 1992, does not result in the loss of Italian citizenship.
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In March 2025, the Italian government passed an emergency decree, restricting who qualifies for citizenship by descent. Officially converted into law 74 2025 in May.
The new laws states that if you’re born outside of Italy you must meet at least one of these conditions to qualify..
You submitted a full application or booked a recognized appointment or filed a court case by 3/27/2025.
A parent or grandparent held only Italian citizenship at the time of your birth, or if they died before you were born, and they held exclusively Italian citizenship at the time of their death.
A parent lived in Italy for two consecutive years after acquiring Italian citizenship and before you were born.
You’re a child of a recognized Italian citizen and your parent makes a formal declaration of your birth to the Italian government within one year of your birth, or if the child was already born at the time of this decree the parents have until May 31st, 2026 to file.
The Italian Constitutional are reviewing the current ruling and multiple legal challenges are underway.
In July, 2025, the Italian Supreme Court referred the “Minor issue” Law 555 of 1912 to the “Sezione Unite” or the “United Sections” of the Supreme Court; the current law states that a minor child automatically lost the right to Italian citizenship if their parent naturalized in another country before the child reached adulthood. The United section of the supreme court will now decide if this law was correct in the “Aula Magna” signaling that this case is receiving the highest level of legal attention. This may affect the interpretation of the ruling of law 74 also. Stay tuned.
Consulates and comunis are being instructed not to process applications unless the applicant is considered an Italian citizen by birth.
But you are not stripped of all your options; this is where the courts come in. The courts may, and in some cases, have interpreted the new law more broadlyas they have in the past with 1948 cases and minor issue cases.
Italian Citizenship Update: 5/2026
Effective March 28, 2025, Italy implemented a significant reform of its citizenship by descent (jure sanguinis) laws, which restricts eligibility for individuals born and residing abroad (outside of Italy). The changes, introduced by Decree-Law No. 36 and subsequently converted into Law No. 74/2025 (commonly referred to as the “Tejani” decree), limit automatic citizenship applicants to those who have a “close and genuine” connection with Italy and who formally applied for citizenship prior to March 28, 2025.
In contrast, in early May 2026, the Constitutional Court of Italy (Corte di Cassazione) ruled that the right of citizenship through heritage should be considered a birthright rather than a state recognition of citizenship. This decision is significant. In the summer of 2026, the final decision regarding the validity of Law 74/2025 will be made by the “United Sections” of the Italian Supreme Court.
As of now, the major impacts of the new law (as of 3/28/25) include:
Generational cutoff: Eligibility is now limited to only applicants with an Italian parent or grandparent born in Italy. Claims through great-grandparents or more distant ancestors are no longer possible.
Dual nationality restriction: For an applicant born outside of Italy, holding another citizenship (like Brazil or US for example) their parent or grandparent who was the Italian citizen must have held exclusively Italian citizenship at the time of the applicant's birth (or at the time of the ancestor's death).
Qualified residence: In cases where the Italian parent was born abroad (outside of Italy) that parent must have legally resided in Italy for at least two consecutive years after acquiring Italian citizenship but before the applicant's birth.
The Minor issue: Minor children are no longer automatically recognized for Italian citizenship when their parents are recognized. Now, parents must make a formal declaration to have their child’s citizenship recognized, and there’s a deadline for this process. The current law provides a year from the child’s birth, or for those already born, to make the declaration. Those who fail to do so by May 31, 2026 will not be able to become Italian citizens under the new law.
As or January, 2026 that new law (Bill AC 2369-A) centralizes ALL Italian citizenship applications in Rome starting in 2028. Permanently shifting processing away from all consulates. So now is the time to start the process!
NOTE: The new laws include alternative pathways for those who no longer qualify for Italian citizenship via jure sanguinis, these new pathways include:
Residency-based naturalization: For descendants with an Italian parent or grandparent, the standard residency requirement for naturalization is reduced from three years to two years of continuous legal residence in Italy.
Reacquisition for former citizens: A temporary path has been created for individuals who lost their Italian citizenship under the 1912 law (for example, by acquiring another citizenship). They can reacquire citizenship by making a formal declaration between July 1, 2025, and December 31, 2027, provided they were born in Italy or have lived there for two years.
Legal challenges: The new law is already facing legal challenges on constitutional grounds, similar to the "1948 cases" that previously overturned limitations on maternal lineage. In effect, arguing your case in an Italian court (with an Italian lawyer representation) may provide alternative results.
The Bottom Line - IMPORTANT!
As of 5/2026 there are three basic ways to gain Italian citizenship if you qualify via Jure Sanguinis, including:
1. Move to Italy and apply: This option involves relocating to Italy for a period of 3 to 12 months (not continuously), establishing residency, and submitting an application in the commune where you reside. This process took me only 9 months after I gathered my documents and applied in Italy. This may be the most expensive option, but overall takes the shortest time and is by far more fun!
2. Apply through your Italian consulate (only until 2028, then ALL applications must go thru Rome!): This is the most time-consuming but cost-effective method. The process can take anywhere from 2 to 5 years, depending on the availability of the consulate and the completeness of the application. Also, the new law severely limits the number of applications accepted in 2026 to the 2025 levels.
3. Go through the Italian courts: Your physical presence isn’t mandatory, but you’ll need an Italian lawyer and all the relevant documents. This process can take up to two years after filing in Italy, depending on your individual circumstances.
Currently, the existing law is being contested in multiple Italian courts. There are now compelling indications that the new law may be invalidated entirely by June 2026. Italian Heritage Citizenship (IHC) legal contacts on the ground in the United States and Italy believe that the restrictions imposed on March 28, 2025, will continue to make applying for Italian citizenship more challenging for the majority of individuals. However, this situation may be reversed relatively soon. Currently, if you meet the eligibility criteria, the most advantageous course of action would be to apply for Italian citizenship in Italy; this is our area of expertise.
Regardless of how you qualify for Italian citizenship (pre or post March 2025), NOW is the time to understand your specific situation and to take action and begin the citizenship application process. Compiling all the pertinent documents, certifications, and the translations will take time.
At IHC, we are here and ready to assist you in any way necessary. We offer free consultations so you can understand how your specific case should be handled.
If you are eligible for Italian citizenship by descent and apply for citizenship in Italy, the processing time will be substantially reduced compared to applying from your home country. IHC can provide guidance for either path to Italian citizenship.
Et IHC found that temporarily moving to Italy and applying for Italian citizenship there was a transformative life-changing event. Moving to Italy involves stepping out of your comfort zone, total emersion in the culture, embracing a simpler, safer, healthier lifestyle and exploring a unique way of life; live La Dolce Vita.
Please contact IHC for a FREE consultation or if you have any questions regarding your personal Italian heritage citizenship circumstances.
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