Italian citizenship by descent in 2026: Who still qualifies?

For over a century, having an Italian ancestor meant you could claim Italian citizenship (no matter how many generations back).

In March 2025, that changed.

Much of what you'll read online is now outdated, and even official sources don't fully agree on how the law works. So here's where things stand in 2026.

In this guide, you'll learn:

• How citizenship by descent (jure sanguinis) worked before 27 March 2025
• Why Italy changed the rules
• Who qualifies under the new law (and the "exclusively Italian" complication)
• Who's grandfathered under the old rules
• What the courts have said, including a brand-new referral to the EU Court of Justice
• Your options if you no longer qualify

Let's start.

How it worked before 27 March 2025

Italian citizenship is passed by blood, not by birthplace, and there is no generational limit. An unbroken line to an ancestor alive after unification in 1861 was enough, even a great-great-grandparent.

Two catches: if that ancestor naturalized abroad before their child was born, the chain broke. And maternal lines before 1948 required a court case.

The Tajani decree ended that, though.

Why Italy changed the rules

By 2025, hundreds of thousands of applications (mostly from Argentina, Brazil, and Venezuela) had overwhelmed consulates and courts. Some waiting lists ran to 9,000 people. The government also pointed to a "citizenship market" in which agencies file weak or falsified claims.

Its goal is that citizenship should reflect a genuine link (legame effettivo) with Italy, not just a distant name in a family tree. Critics call the change retroactive and unfair; it removed a right people technically held from birth.

The new rules: parent or grandparent

Decree-Law 36/2025 took effect immediately and was converted, with changes, into Law 74 of 23 May 2025. It added a new article 3-bis to Italy's citizenship law.

If you were born abroad and hold another citizenship, you now acquire Italian citizenship automatically only if:

• A parent (including adoptive) was born in Italy, or
• A grandparent was born in Italy, or
• An Italian parent lived in Italy for at least 2 consecutive years before your birth or adoption; proven with a historical residence certificate (certificato storico di residenza) from the local comune. Unregistered stays don't count.

A great-grandparent alone is no longer enough. The limits apply whatever your date of birth, and they cover every automatic route: descent, adoption, recognition of parentage, even pre-1983 marriage claims.

Some things haven't changed. If you were born in Italy, hold no other citizenship, or were already recognized as a citizen by a consulate, comune, or court, you're unaffected.

The "exclusively Italian" complication

The final law says your parent or grandparent must have been exclusively an Italian citizen, at the time of their death, or now, if they're alive. An Interior Ministry directive (circolare) then told consulates to check this at the moment of your birth instead.

Why does this matter? Because most emigrant ancestors naturalized abroad at some point. Under a strict reading, that alone can sink a claim, even with an Italy-born grandparent.

One caveat: a circolare binds consulates and comuni, not judges. Courts can (and sometimes do) read the law differently. This unresolved conflict is exactly why individual legal advice matters before you spend money on documents.

The reform also tightened procedure. Oaths and witness testimony are no longer accepted as evidence, and the burden of proof sits fully with you, including proving your line was never broken.

Already started? You may be grandfathered

The old rules still apply if, before 23:59 (Rome time) on 27 March 2025, you had:

• Submitted a complete application with the fee paid,
• Booked a consular or comune appointment to submit one, or
• Filed a court case (including 1948 cases).

Lawyers are also arguing in court that people stuck on waiting lists, who try and fail to get an appointment, deserve the same treatment. That's a live legal argument, not a settled right, so don't count on it.

There's one genuine open door: if you were born in Italy, or lived there for 2+ years, and lost citizenship under the old 1912 law, you can reacquire it by declaration until 31 December 2027 (€250 fee).

What the courts say

First, Italy's Constitutional Court upheld the reform. In decision no. 63/2026 (30 April 2026), it rejected challenges raised by the Court of Turin, finding the parent-or-grandparent limit within the legislature's discretion.

But on 23 July 2026, the same court did something unexpected. With order no. 147/2026, it paused two other cases (from Mantova and Campobasso) and asked the EU Court of Justice whether Law 74/2025 is compatible with EU citizenship rights. A ruling from Luxembourg will take time, and no one should plan around a particular outcome. Still, the final word hasn't been written.

One more thing to watch: a separate bill in the Senate would require registering foreign births before age 25 and add a "use it or lose it" rule for citizens abroad. It's a proposal, not law. But it signals the direction of travel.

Don't qualify anymore? Your options

Citizenship by descent hasn't been abolished, and descent still helps even where it no longer decides.

• Move to Italy. If you're the child or grandchild of an Italian-by-birth citizen, you can naturalize after just 3 years of legal residence — instead of 4 for EU citizens or 10 for everyone else. Your great-grandparent's paperwork isn't wasted; it supports this route too.
• Marriage. Spouses of Italian citizens can apply after 2 years of legal residence in Italy, or 3 years abroad.

Naturalization comes with its own checklist: clean criminal records, tax compliance, and proof you can support yourself.

If you do qualify: the paperwork stakes are higher

Small errors used to mean a request for more documents. Under Article 3-bis, they can now make your application inadmissible outright. Names, dates, and places must match across every generation: birth records, non-naturalization certificates, apostilles, certified translations, all of it.

The bottom line

Check three things, in order: do you have a qualifying parent or grandparent? Does the "exclusively Italian" question affect your line? Were you grandfathered before 27 March 2025? If the answer to all three is no, the 3-year residence route is likely your best path.

This article is general information, not legal advice. Rules and interpretations are still evolving.