Italian Citizenship by Descent in 2026: Who Still Qualifies After the New Law

Key points

• Until March 2025, Italy recognized citizenship by descent (jure sanguinis) without a generation limit. Law 74/2025 changed that for anyone born abroad with another citizenship.
• Descendants now generally qualify only if a parent or grandparent held exclusively Italian citizenship, if a parent lived in Italy for two continuous years before their birth, or if their application was filed by 27 March 2025.
• In March 2026 Italy's Constitutional Court upheld the new limits (ruling 63/2026). A separate challenge was referred to the EU Court of Justice in June 2026.
• Applications filed before the cutoff follow the old rules, and the court route remains available, especially for the maternal line before 1948.
• Every link in the family line must be proven with consistent certificates, and naturalization dates are decisive.

Who qualifies for Italian citizenship by descent in 2026?

Who qualifies for Italian citizenship by descent in 2026? People born abroad who also hold another citizenship now qualify only in specific cases: a parent or grandparent who held only Italian citizenship, a parent who lived in Italy for two continuous years after becoming a citizen and before the child's birth, or an application or appointment already made by 27 March 2025. The unlimited generations rule no longer applies to new cases.

Italian citizenship remains one of the most valuable second citizenships for Americans with Italian roots. It gives the right to live, work and study anywhere in the European Union, access to EU services and a passport that allows wide travel. The United States counts one of the largest Italian diasporas in the world, and many families still have a claim or can still pass one on.

What changed with Law 74/2025

For more than a century, Italy followed pure jus sanguinis: citizenship passed from parent to child with no generation limit, wherever the child was born. Decree-Law 36/2025 of March 2025, converted into Law 74/2025 in May 2025, added article 3-bis to the citizenship law. It states that a person born abroad who holds another citizenship is deemed never to have acquired Italian citizenship, unless one of the exceptions applies.

The exceptions are:

• the person's status was recognized, or an application or court case was filed, by 11:59 p.m. Rome time on 27 March 2025, or a consular appointment had been confirmed by then;
• a parent or grandparent holds, or held at death, exclusively Italian citizenship;
• a parent lived in Italy for at least two continuous years after becoming a citizen and before the person's birth or adoption.

Minors who were under 18 when the law took effect could be registered by a parental declaration under transitional rules with a deadline of 31 May 2026. For future children of citizens born abroad, the law provides a declaration route with its own conditions.

The Constitutional Court ruling of 2026

Several Italian courts questioned whether the new rule was constitutional, especially because it applies to people born before it existed. On 11 March 2026 the Constitutional Court heard the case, and in ruling 63/2026 it found the questions partly unfounded and partly inadmissible, so the limits remain in force. In June 2026 the Court published an order referring a separate challenge on EU law to the Court of Justice of the European Union, which may still affect the rules. Families should follow this closely before giving up a claim.

What has not changed

• Applications and court cases filed by the 27 March 2025 cutoff are decided under the old, unlimited rules.
• Italy still accepts dual citizenship, so Americans do not have to give up U.S. citizenship.
• The court route remains available, including for claims through the maternal line for children born before 1 January 1948, which consulates do not accept.
• Citizenship by marriage and by residence in Italy still exist as separate routes.

Checking your eligibility

Eligibility depends on every link in the family line, generation by generation. A single naturalization at the wrong moment can break the chain. These questions work as a first filter:

• Was your parent or grandparent born in Italy, and did they hold only Italian citizenship?
• Did your Italian ancestor naturalize in another country, and when exactly?
• Does the line pass through a woman before 1948?
• Did anything happen before 27 March 2025, such as an application, appointment or court filing?
• Do names, dates and places match across all certificates?

Naturalization dates

Under the rules that applied at the time, an Italian who voluntarily naturalized in another country, such as the United States, lost Italian citizenship. If the ancestor naturalized before the next person in the line was born, the line is broken; if after, it continues. U.S. naturalization records and a certificate of non-existence of records are therefore central evidence. Voter registration or military service is not the same as naturalization.

The maternal line

Before 1948 Italian women could not pass citizenship to their children. Italian courts have held that this rule was unconstitutional, so descendants through the maternal line born before 1948 can be recognized, but only through the courts.

Documents you will need

The application must prove the line without ambiguity. Italian authorities do not presume anything, and the burden of consistency is on the applicant.

U.S. documents need an apostille and a certified Italian translation. Spelling differences, anglicized surnames and wrong dates are common in immigrant families; they do not end the right, but they must usually be corrected before filing.

Three ways to apply

At an Italian consulate

Americans living in the United States apply at the consulate that covers their state. The route works when the line is simple and documents are consistent, but waiting lists are long and each consulate applies its own checks.

Directly in Italy

A person who can legally reside in Italy can apply at the town hall (comune) where they register residence. It gives more control but depends on the local office, and residence rules must be respected.

Through the Italian courts

The court route is used for maternal line cases before 1948, for excessive consular delays and for cases pending under the old rules. Since 2025 it has also become the path for challenging how the new law applies to a specific family, while the constitutional and EU questions evolve.

Benefits for Americans

Italian citizenship gives the right to live, work, study and set up a business anywhere in the European Union, and it can be passed to children under the new rules if the conditions are met. It also adds options for residence, banking and family planning abroad. Our guides on whether Italy is a good place to live for Americans and the best countries to move to from the USA cover the practical side, and U.S. tax filing continues wherever you live.

Bottom line

Italian citizenship by descent still exists, but it is no longer unlimited. Since Law 74/2025, a person born abroad with another citizenship generally needs a parent or grandparent who held only Italian citizenship, a parent with two years of residence in Italy, or a claim started by 27 March 2025. The Constitutional Court upheld these limits in 2026, while an EU law question remains open.

Our Private Advisory Session reviews your family line, the effect of the new law on your case and how a second citizenship fits your residence and tax plans.

Sources

• Consulate General of Italy in New York: Citizenship
• Italian Ministry of Foreign Affairs: Citizenship
• Italian Constitutional Court
• Gazzetta Ufficiale: Law 74 of 23 May 2025