Italian Citizenship by Descent — FAQ

Decree-Law 36/2025 of March 28, 2025, converted by Law 74/2025 (in force May 24, 2025), added Article 3-bis to Italy's citizenship law. If you were born abroad and hold another citizenship, you are recognized only if a parent or grandparent holds, or held at death, exclusively Italian citizenship, or a parent lived in Italy for two continuous years after becoming a citizen and before your birth. Cases started by 11:59 PM Rome time on March 27, 2025 follow the old rules. See our Law 74/2025 guide.

Generally not through a new application. A claim that relies only on a great-grandparent or earlier ancestor does not meet Article 3-bis, unless your case was started by March 27, 2025 or your parent lived in Italy for two continuous years after becoming a citizen and before your birth. The EU Court of Justice is reviewing the law (case C-816/26). A ruling against it could reopen these claims, but there is no guarantee of the outcome or timing.

Your case follows the pre-2025 rules if, by 11:59 PM Rome time on March 27, 2025: you had submitted a complete application to the competent consulate or municipality; or the competent office had communicated an appointment date to you, and you submit the complete application on that date; or a court case seeking recognition of your citizenship had been filed. Simply requesting an appointment or joining a waiting list does not qualify.

There was, and it was rejected. On April 30, 2026, Italy's Constitutional Court filed Judgment 63/2026, upholding Article 3-bis against the challenges raised by the Court of Turin. On July 23, 2026, in Order 147/2026, the Constitutional Court referred a separate question to the EU Court of Justice: whether the law is compatible with EU citizenship rights. That case (C-816/26) is pending, and at least one Italian court has postponed a post-reform case until it is decided. Meanwhile the law remains in force. If you qualify under current rules, there is no reason to wait.

Law 74/2025 did not centralize court cases in Rome. Since June 22, 2022, when the applicant lives abroad, the competent court is the specialized immigration and citizenship section for the area where the Italian parent or ancestor was born. Jurisdiction should be confirmed for each case before filing. Separately, a 2026 law moves administrative applications from adults abroad from consulates to a central office at the Ministry of Foreign Affairs, due to be operational from January 1, 2029.

Jure Sanguinis is Latin for "by right of blood." It is the Italian legal principle that allows descendants of Italian citizens to reclaim citizenship by proving an unbroken lineage. If your Italian ancestor never renounced their citizenship and meets certain legal criteria, you may be eligible for Italian citizenship by descent.

If you were born abroad and hold another citizenship, you may be eligible if a parent or grandparent holds, or held at death, exclusively Italian citizenship, or if your parent lived in Italy for two continuous years after becoming a citizen and before your birth, or if your case was started by March 27, 2025. Being born in Italy is not, by itself, the test: a grandparent who naturalized as a U.S. citizen before your birth generally does not qualify you. The line of citizenship down to you must also be unbroken.

It depends on two separate questions. Is the chain unbroken? If your ancestor naturalized before the next person in the line was born, it generally is not. If they naturalized while that child was a minor, Italy's Court of Cassation held in July 2026 (Judgment 24045/2026) that a parent's naturalization did not by itself strip citizenship from a child who held another citizenship from birth; see our Minor Issue guide. Do you meet the 2025 rules? The parent or grandparent you rely on must have held exclusively Italian citizenship at your birth (or at their death). If that person naturalized before then, including after 1992, they generally do not qualify you.

A 1948 case arises where citizenship must pass from an Italian woman to a child born before January 1, 1948. Under the 1912 law, citizenship passed to children only through the father, and some women also lost citizenship when a foreign husband's nationality was conferred on them by marriage. Italian courts have held these rules discriminatory, but consulates do not apply that case law, so 1948 cases are decided in court by a licensed attorney. New applications must also meet the 2025 Article 3-bis rules.

Yes, if you were legally adopted by an Italian citizen, you may be eligible for Italian citizenship. The specific rules depend on the timing and nature of the adoption.

Yes. Family members who share the same Italian ancestor can apply together, sharing many of the same documents and often reducing overall costs. This is common for siblings or cousins applying through the same grandparent.

Most eligible applicants use the administrative route: the Italian consulate for their place of residence, or an Italian municipality if they relocate to Italy. Some cases need a court decision, such as 1948 cases. In other situations, where the administrative route cannot provide recognition within a reasonable time, counsel may consider a court action. That is litigation, assessed case by case, not an automatic alternative.

"ATQ" is the informal name for an azione di accertamento dello stato di cittadino italiano: a civil action asking an Italian court to declare that you are an Italian citizen. Counsel may consider it where the administrative route cannot provide recognition within a reasonable time. It is litigation, not a guaranteed fast track: the competent court is generally the one for the area where your Italian parent or ancestor was born, and whether a delay justifies a court case is assessed case by case. Cases often take 1–3 years.

Consulate cases often take several years, longer at the busiest offices. Court cases (ATQ or 1948) usually take 1–3 years. Applying through a local Italian municipality after relocating to Italy is often faster, though processing times vary widely by comune.

You generally need birth, marriage, and death certificates for your Italian ancestor and every direct ancestor in the Italian lineage, your own birth certificate (long-form), and naturalization records (or a Certificate of Non-Existence) for your Italian ancestor. All non-Italian documents must be apostilled and certified translated into Italian. See our full documents checklist for a complete breakdown.

Foreign documents must be apostilled (confirming validity for international use), translated into Italian by a certified translator (sworn and certified for court submissions), and the translations may need certification by a notary or consulate depending on the route. Countries not part of the Hague Convention require additional legalization steps.

Missing or improperly processed documents will delay your application. Our document procurement team can source and process the necessary records — including Italian vital records from the relevant comune, U.S. records, and apostilles and translations. Contact us to discuss your specific situation.

Government fees come from Italy's 2025 Budget Law (Law 207/2024), not Law 74/2025: €600 per adult applicant at a consulate (municipalities may charge up to €600), and a €600 court fee per claimant in court cases. Beyond this, costs include vital records, apostilles, certified Italian translations and professional service fees. At Citizenship Italia, a standard consulate application averages $2,700–$3,100 USD, a court case averages $6,000–$7,500 USD, and a 1948 court case averages $6,300–$7,800 USD. See our pricing page for full details.

Italian citizenship is EU citizenship. As an Italian citizen, you gain the right to live, work, and study in any of the 27 EU member states, visa-free or visa-on-arrival access to over 180 countries with an Italian passport, access to Italian healthcare and social services, and the right to own property and conduct business in Italy. Your children may also be able to acquire citizenship, depending on their age, birth date and residence; some need a formal declaration within set deadlines.