Italian citizenship by descent after the 2025 law

Since 28.03.2025 jure sanguinis passes only via a parent or grandparent with sole Italian citizenship. Who still qualifies, children, the 2026 ruling.

Since 28 March 2025 Italian citizenship by descent (jure sanguinis, "by right of blood") no longer passes down without a limit on generations. Under the new article 3-bis of Law 91/1992 (added by Decree-Law 36/2025 and confirmed with amendments by Law 74/2025) a person born abroad who holds another citizenship is deemed never to have acquired Italian citizenship unless at least one condition is met: an application filed by 27 March 2025, a parent or grandparent who holds only Italian citizenship, or an Italian parent who lived in Italy for two years before your birth. On 30 April 2026 the Constitutional Court left the rule in place. Below: what is left of the descent route, what to do for children and which other roads remain. Every rule was checked on Normattiva, the Gazzetta Ufficiale and consulate pages on 01.10.2026. This is not legal advice.

In short (checked 01.10.2026)

The rule: a person born abroad with another citizenship is not Italian unless one of the exceptions in art. 3-bis of Law 91/1992 applies.
The exceptions: an application filed with a consulate or comune by 23:59 Rome time on 27 March 2025, or an appointment given by then; a lawsuit filed by then; a parent or grandparent who holds (or held at death) only Italian citizenship; a parent who lived in Italy for two consecutive years after becoming Italian and before your birth.
Great-grandparents and beyond no longer give a right if no exception applies.
The court: Constitutional Court judgment 63/2026 of 30 April 2026 - the equality and EU-law questions are unfounded, the law stands.
Children: a parents' declaration within 3 years of the birth, free since 1 January 2026; a transitional window until 31 May 2029.
Fee: 600 euro for an adult application, not refundable.

What changed in Italian citizenship by descent in 2025

Before 2025 Italy recognised citizenship by descent with no limit on generations: you only had to prove an unbroken chain from an ancestor who lived after the unification of Italy. Article 3-bis now applies "in derogation" of the earlier rules, including the 1912 citizenship law, and it also covers people born before it entered into force.

Question	Before 28.03.2025	Now
How many generations	no limit	only a parent or grandparent with sole Italian citizenship, or a parent with two years of life in Italy
Someone born abroad with two passports	Italian from birth	not Italian unless an exception applies
Pending files	-	decided under the old rules if filed (or an appointment given, or a lawsuit filed) by 23:59 Rome time on 27.03.2025
Children of citizens by birth	citizenship automatic	a parents' declaration within 3 years, or 2 years of the child living in Italy
Citizenship lawsuits	ordinary procedure	no oath and no witness evidence; the claimant must prove that citizenship was never lost (art. 19-bis of Legislative Decree 150/2011)

Who can still get Italian citizenship by descent

Article 3-bis keeps five grounds. The first three are for people who acted before 27 March 2025:

a) an application with the required documents filed with a consulate or the mayor of a comune by 23:59 Rome time on 27.03.2025;
a-bis) an appointment date communicated by the consulate or comune by that time, and the application filed on that day;
b) a lawsuit for recognition filed in court by that same time.

Everyone else has two conditions left:

c) a first- or second-degree ancestor who is only Italian. A parent or grandparent must hold exclusively Italian citizenship, or have held only Italian citizenship at death. The Italian Consulate General in London adds that self-declarations of having no other citizenship are not accepted.
d) a parent who lived in Italy for two years. The parent (or adoptive parent) lived in Italy for at least two consecutive years after becoming an Italian citizen and before your birth. Residence before acquiring citizenship, and any residence of the non-Italian parent, does not count (London).

If your Italian ancestor is a great-grandparent or further back, or a grandparent who naturalised in another country, the descent route is closed. The roads below remain.

The 2026 Constitutional Court ruling

The Turin court questioned whether the new article fits the Constitution and EU law. In judgment 63/2026 (hearing 11 March 2026, judgment 30 April 2026, Gazzetta Ufficiale, 1st special series No. 18 of 6 May 2026) the Constitutional Court found unfounded the questions on equality and reasonableness, on legitimate expectations, and on EU citizenship under art. 9 TEU and art. 20 TFEU. Article 3-bis therefore applies to people born before 28 March 2025 as well. Do not count on new challenges on the same grounds.

Children of Italians by descent: the 3-year declaration

A child born abroad to an Italian parent who is a citizen by descent no longer becomes Italian automatically. Instead, art. 4(1-bis) of Law 91/1992 offers acquisition "by benefit of law" (beneficio di legge): a minor becomes a citizen if at least one parent is a citizen by birth, the parents or guardian file a declaration and one condition is met:

Condition	Deadline	Source
declaration filed after the birth or after filiation is established	3 years (1 year until 01.01.2026), free since 01.01.2026	art. 4(1-bis)(b); 2026 Budget Law (Law 199/2025); Consulate in Manchester
after the declaration the child lives legally in Italy	2 consecutive years	art. 4(1-bis)(a)
the child was a minor on 24.05.2025 and the parent was recognised under the old rules (grounds a, a-bis, b)	until 23:59 on 31.05.2029	art. 1(1-ter) of Decree-Law 36/2025 as amended by Law 26/2026 (the "Milleproroghe"); Consulate General in Marseille

Manchester notes that the 250 euro fee still applies to declarations under the transitional window, and that the fee waiver from 1 January 2026 covers declarations under art. 4(1-bis)(b) and is not retroactive. On reaching adulthood, a person who became a citizen this way may renounce it if they hold another citizenship (para. 1-ter).

If the descent route is closed: three other roads

Naturalisation after 3 years instead of 10. Art. 9(1)(a) of Law 91/1992: a foreigner whose father, mother or grandparent was an Italian citizen by birth can apply after three years of legal residence in Italy (as the Prefecture of Rome sets out). You need B1 Italian, income and a clean record, as for ordinary naturalisation - see Italian citizenship: paths and timelines and Italian B1 for citizenship.
Reacquiring lost citizenship. The new art. 17: people born in Italy, or who lived there for two consecutive years, and who lost citizenship under art. 8(1)-(2) or art. 12 of the 1912 law, reacquire it by a declaration filed between 1 July 2025 and 31 December 2027.
An ordinary residence permit. Italian roots alone do not give a visa D - you need one of the usual grounds, see how to get residency in Italy.

Estimate the naturalisation timeline for your case:

PR & citizenship timelineEnter your first-permesso year: see the years for PR (lungo periodo, 5 yr) and citizenship by residence or marriage.

Where to apply and what it costs

An adult files the application for recognition by descent with the Italian consulate covering their place of permanent residence; someone who lives in Italy files with the mayor of their comune. Consulates follow the same logic; the example of the Consulate General in London (read on 01.10.2026):

appointments only through Prenot@Mi, one appointment per applicant;
all documents in the original, apostilled and translated into Italian; originals are not returned;
a 600 euro fee, not refunded if the application fails;
the consulate may ask for extra evidence at the appointment.

For condition c) you must prove that the parent or grandparent held no other citizenship, with archive records rather than your own statement. Apostilles and translations for each generation are covered in document legalization for Italy.

What the chats say

The community behind this site writes in Russian, and for them this route is rare. In the 2023-2026 chat archive we found about ten messages on citizenship by descent. In 2024 members explained to newcomers that descent applicants need no language exam. In January 2025 a Russian citizen looked for help with a case through a late Italian grandfather. In May 2025 a news item was shared saying that "by blood" transmission is now limited to two generations - legally more precise: the grandparent must be only Italian. The archive has no reports of recognition under the new rules.

Italian citizenship: paths and timelines - naturalisation, marriage, descent.
Italian citizenship by marriage - timelines and B1.
From a residence permit to EU citizenship - the stages year by year.
Permanent residence in Italy: the EU long-term permit - the step in between.
Document legalization for Italy - apostille and sworn translation.

Official sources

Art. 3-bis of Law 91/1992 (text in force since 24.05.2025): normattiva.it
Art. 4 of Law 91/1992 (children, 3 years since 01.01.2026): normattiva.it
Art. 17 of Law 91/1992 (reacquisition until 31.12.2027): normattiva.it
Decree-Law 36/2025, art. 1 (window until 31.05.2029, court rules): normattiva.it
Constitutional Court judgment 63/2026: gazzettaufficiale.it
Citizenship iure sanguinis under the new framework, Consulate General in London: conslondra.esteri.it
Declarations for minors: 3 years and no fee, Consulate in Manchester: consmanchester.esteri.it
Window extended to 31.05.2029, Consulate General in Marseille: consmarsiglia.esteri.it
Naturalisation after 3 years for descendants, Prefecture of Rome: prefettura.interno.gov.it

Frequently asked questions

Can I still get Italian citizenship through a great-grandparent?

As a rule, no. Under art. 3-bis of Law 91/1992 (added by Decree-Law 36/2025, Law 74/2025) a person born abroad who holds another citizenship is deemed never to have acquired Italian citizenship unless one condition is met: an application or lawsuit filed by 23:59 Rome time on 27 March 2025, a parent or grandparent who holds (or held at death) only Italian citizenship, or an Italian parent who lived in Italy for two consecutive years before your birth. Great-grandparents are not on the list. Checked on 01.10.2026; this is not legal advice.

What does a grandparent with 'only Italian citizenship' mean?

Condition c) of art. 3-bis: a first- or second-degree ancestor (a parent or grandparent) must hold exclusively Italian citizenship, or have held only Italian citizenship at the time of death. If your grandfather naturalised elsewhere, the condition is not met. The Italian Consulate General in London states that self-declarations of holding no other citizenship are not accepted. This is not legal advice.

Did the Constitutional Court strike down the 2025 rules?

No. In judgment 63/2026 of 30 April 2026 (Gazzetta Ufficiale, 1st special series No. 18 of 6 May 2026) the Constitutional Court found unfounded the questions raised by the Turin court on equality, legitimate expectations and EU citizenship. Article 3-bis stays in force. Checked on 01.10.2026.

How do children of Italians by descent get citizenship now?

If at least one parent is an Italian citizen by birth, the parents file a declaration: since 1 January 2026 within three years of the birth (it used to be one year) and free of charge, or the child then lives legally in Italy for two consecutive years. For children who were minors on 24 May 2025 and whose parents were recognised under the old rules, the window runs until 31 May 2029. This is not legal advice.

How much does a citizenship by descent application cost?

The consular fee for an adult applicant is 600 euro and it is not refunded whatever the outcome (Italian Consulate General in London). On top of that come apostilles, translations and archive records for every generation in the chain. Checked on 01.10.2026.

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