Italian Citizenship by Descent from Abroad: Complete Updated Guide

Do you have a grandparent, a great-grandparent, or an even more distant ancestor born in Italy, and you’re wondering whether you qualify for Italian citizenship by descent? The answer isn’t as simple as it used to be: a 2025 reform substantially changed who can claim it, and a series of 2026 Constitutional Court decisions made the picture even more layered, with a question still open before the Court of Justice of the European Union.

Citizenship by descent (iure sanguinis) hasn’t been abolished, but since 2025 it’s subject to a generational limit that didn’t exist before. This guide covers what the new law provides, what the Constitutional Court has ruled, what’s still being clarified at the European level, and which documents you’ll need to start the process.

An important note: this guide is for informational purposes and does not constitute legal advice. The matter is evolving and depends on specifics of your own case — your ancestor’s date of birth, how many generations are involved, any application you may have already filed. For an assessment of your specific situation, we recommend speaking with Studio Legale Giorgianni, an Italian law firm with 15 years of experience specifically in citizenship matters.

What Is Italian Citizenship by Descent (Iure Sanguinis)

Citizenship by descent is based on the principle of ius sanguinis, set out in Law 91/1992: a descendant of an Italian citizen can, under certain conditions, be recognized as an Italian citizen themselves, even if they were born and have always lived abroad.

Before the 2025 reform, the principle applied with no generational limit: it was enough to prove an unbroken line of descent from an Italian ancestor who never renounced their citizenship, tracing back even to March 17, 1861, the date the Kingdom of Italy was proclaimed. This allowed millions of descendants of Italian emigrants — particularly in Argentina, Brazil, the United States, Canada, and Australia — to request recognition for decades, even four or five generations removed. Ancestors born before 1861 also count, as long as they were alive after that date.

The underlying rule, which remains valid even after the reform, is that transmission happens through bloodline and isn’t interrupted simply because a descendant was born abroad: what the reform changed isn’t the principle itself, but the number of generations for which it applies automatically with no further requirements.

Since 2025, that’s no longer true to the same extent: the reform introduced a generational limit that significantly narrows who can obtain automatic recognition.

Citizenship by descent should be distinguished from two other routes that also lead to Italian citizenship but follow entirely different rules: citizenship through marriage to an Italian citizen, and naturalization through continuous residence in Italy. This guide focuses specifically on recognition by descent, the most common route for people with Italian roots who were born and live abroad.

For decades, Italy was among the most generous countries in the world when it came to recognizing citizenship by descent, precisely because there was no generational limit: this made the country a preferred destination for millions of people across South and North America who could prove even a single Italian ancestor, tracing back in theory to the mid-nineteenth century. The 2025 reform arose partly as a response to an exponential increase in these requests, which according to data cited in the reform’s preparatory materials had reached numbers difficult for the consular network to manage.

The 2025 Reform: Decree-Law 36/2025 and Law 74/2025

Decree-Law 36/2025 entered into force on March 28, 2025, and was converted with amendments into Law 74/2025 on May 23, 2025. The reform introduced Article 3-bis of Law 91/1992, which places a precise limit on the automatic transmission of citizenship by descent.

In summary, the new rule establishes that someone born abroad who already holds another citizenship does not automatically acquire Italian citizenship by descent, except under specific exceptions — in particular the two-generation limit: the direct link must pass through, at most, a parent or grandparent born in Italy, not more distant generations.

The Constitutional Court, in Judgment 63/2026, classified this rule as an “original preclusion” on acquiring citizenship, not a revocation of an already-vested right: an important technical distinction, because it means the rule applies to those who had not yet obtained formal recognition, even if their line of descent already existed.

This distinction between “preclusion” and “revocation” sits at the heart of much of the legal debate the reform has generated. Those who argued the rule was unconstitutional started from the idea that iure sanguinis citizenship was acquired automatically at birth, simply by descending from an Italian citizen: if that were true, the new law would be retroactively stripping an already-existing right. The Court rejected this reading, holding instead that without formal recognition — administrative or judicial — citizenship cannot be considered definitively acquired, and that the law therefore affects the conditions for accessing a recognition that hadn’t yet occurred, not an already-consolidated right.

Before and After March 27, 2025: What Changes

The date March 27, 2025 has become the central reference point of the entire reform, because it determines which regime applies to the application.

• Applications filed before March 27, 2025: the criteria that applied before the reform generally continue to apply, with no two-generation limit
• Applications filed after March 27, 2025, with a link within two generations: recognition remains possible under the new rules
• Applications filed after March 27, 2025, with a link beyond two generations: in most cases, recognition by direct descent is no longer possible, except under the exceptions provided by law

This distinction made it crucial, for anyone who already had a case in progress or an appointment booked, to prove the exact date their application — administrative or judicial — was filed, before the reform entered into force.

The Exceptions Provided by Law 74/2025

The reform isn’t an absolute bar: it includes several specific exceptions worth paying attention to, even though assessing how they apply to an individual case always requires professional review.

• Anyone who filed an application — administrative at a consulate or judicial in court — before the reform entered into force
• Minor children of a parent who obtained recognition of iure sanguinis citizenship, subject to further specific requirements
• Certain cases of an ancestor’s naturalization that may affect the line of transmission differently, to be assessed case by case
• The possibility, for those who lost citizenship under the previous rules, of reacquiring it through a path distinct from recognition by descent

It’s worth knowing that a parent’s recognition of citizenship isn’t automatically transmitted to a minor child: an additional formal declaration may be required, with its own requirements.

A point that often causes confusion concerns an ancestor’s naturalization: if your Italian ancestor acquired the citizenship of another country (for example Argentine, Brazilian, or American) before the next descendant in the chain was born, this may have interrupted the transmission of Italian citizenship at a point in time before the 2025 reform, regardless of the new rules. It’s something preliminary document research should always check, because it affects the very possibility of building the chain of descent, not just the two-generation limit. It’s essential that the person transmitting the right (the “dante causa”) held only Italian citizenship at the time of their death — or, if still living, holds only Italian citizenship now.

The Constitutional Litigation: Judgments 142/2025 and 63/2026

The reform was challenged before the Constitutional Court by several Italian courts, which raised questions about the new rules’ constitutional legitimacy.

In Judgment 142/2025, the Court first clarified a procedural point: the new rules don’t apply to cases that were already pending when the reform entered into force, under the principle that laws aren’t retroactive unless the law itself provides otherwise.

In Judgment 63/2026, published on March 12, 2026, the Court addressed the substance and rejected the main claims of unconstitutionality: the two-generation limit was found compatible with the Italian Constitution, because — the Court observed — the Constitution doesn’t require the State to recognize citizenship for all descendants of Italian citizens with no limit whatsoever.

At that point, the picture seemed settled: the tightening of citizenship by descent had been confirmed as constitutionally legitimate, and the debate seemed more resolved.

The Most Recent Development: Ordinance 147/2026 and the Referral to the CJEU

Less than three months after Judgment 63/2026, the Constitutional Court returned to the matter with Ordinance 147/2026, filed on July 23, 2026, introducing an element that reopened the uncertainty.

While formally reaffirming its own position already expressed in Judgment 63/2026, the Court decided to refer a preliminary question to the Court of Justice of the European Union (CJEU), applying the principle of sincere cooperation with EU institutions.

The question put to the CJEU concerns one specific point, not the entire reform: whether it’s compatible with Articles 9 TEU and 20 TFEU — the provisions that protect the status of EU citizen — to apply the preclusion on acquiring citizenship also to people born before March 28, 2025 who already hold another citizenship.

In other words: the Constitutional Court isn’t asking the CJEU to assess whether the two-generation limit is legitimate in general — that was already decided in Judgment 63/2026 — but whether it’s legitimate to apply it retroactively to those who were already born, with a pre-existing line of descent, when the reform entered into force.

What the CJEU Referral Means in Practice

A few practical points are worth understanding, to avoid both excessive alarm and excessive confidence in either direction.

• The preliminary referral suspends the specific case before the Constitutional Court, not automatically every citizenship proceeding underway in Italy
• Law 74/2025 remains in force and continues to be applied in the meantime: the referral doesn’t suspend its general effect
• Preliminary ruling proceedings before the CJEU are typically lengthy, often taking between 12 and 24 months
• The outcome isn’t predetermined in either direction: the CJEU could confirm the rule’s compatibility with EU law, or find it in conflict with the protection of EU citizenship

On September 15, 2026, the Court of Avellino raised the same constitutional question again before the Constitutional Court, on the same issue of retroactivity for those born before the reform. This confirms the question remains actively debated even after the CJEU referral, and that the picture may continue to evolve in the coming months.

For anyone whose line of descent goes back more than two generations and doesn’t fall under one of the exceptions, the situation therefore remains genuinely open: it isn’t accurate to say the path is definitively closed, but it also isn’t accurate to present it as a formality awaiting confirmation. A professional who follows developments in this area, such as Studio Legale Giorgianni, is best placed to assess how an individual case fits into this picture.

Documents Needed for an Italian Citizenship by Descent Case

Regardless of how the reform plays out for an individual case, the documentary foundation required for any citizenship by descent case stays essentially the same: an unbroken chain of civil status records connecting the Italian ancestor to the applicant.

You’ll need the Italian birth certificate of the ancestor the line of descent starts from, the birth certificates of every subsequent descendant down to the applicant, and the marriage certificates connecting each generation to the next. If any generation went through a second marriage or a divorce, those documents need to be added too.

For citizenship cases, consulates and courts almost always require the extract with parents’ details for birth certificates, because only this format shows the information needed to reconstruct the full documentary chain. The same applies to marriage certificates when they carry relevant annotations.

For ancestors born before 1900, or in territories that are no longer part of Italy today — such as parts of Trentino, Friuli Venezia Giulia, or Istria before the twentieth-century border changes — the preliminary search for the record can take longer, because the competent municipality may have changed its name, or the record may now sit in a State Archive rather than in the current registers.

Beyond Italian certificates, the case almost always also requires the equivalent documents from the country of emigration: the ancestor’s naturalization record (or proof of its absence, which needs to be demonstrated), the birth, marriage, and death certificates of descendants born abroad, and in some cases certificates of free status. These documents generally need to be translated and, if required by the consulate or the court, apostilled in the country where they were issued. Our guides on the Italian birth certificate, the Italian marriage certificate, and the Italian death certificate cover each document in detail, including formats and apostille requirements.

A common mistake at this stage is underestimating how long it takes to reconstruct a chain spanning several generations: any missing record or any discrepancy in personal details (a surname transcribed differently, an imprecise date) can hold up the entire case until it’s clarified or corrected. Starting with a complete inventory of which documents are needed, for which generation, avoids discovering gaps only once the case is already underway.

Typical Cases Among the Main Italian-Origin Communities

How the 2025 reform plays out in practice varies a lot depending on the generation and the country of origin of the Italian-descendant community, given the different history of the migration waves.

In Argentina and Brazil, where mass Italian emigration mainly dates back to the late nineteenth century and the early decades of the twentieth, it’s common for the line of descent to run through three, four, or even five generations: great-grandparents or great-great-grandparents who emigrated, with many descendants born in the country of arrival. For these cases, unless they fall under one of the legal exceptions or an application already filed before the reform, the two-generation limit introduced in 2025 has a direct and significant impact.

In the United States and Canada, the largest Italian migration waves were concentrated mainly between the late nineteenth century and the mid-twentieth century, with a significant presence of more recent emigration after World War II as well. This means that, for many Italian-American and Italian-Canadian families, the line of descent might trace back either to a grandparent (within the two-generation limit) or to a great-grandparent or beyond (outside the limit), depending on the specific branch of the family.

In Australia, the most significant Italian emigration is concentrated mainly in the postwar period, which makes a line of descent within the reform’s two-generation limit relatively more common compared with other communities — though naturally every family has its own history.

These scenarios are indicative and don’t replace a specific check of your own case: the exact generation, each ancestor’s date of birth, and any naturalizations that occurred along the chain are all elements that always need to be checked individually.

Where and How to File the Application

The application for recognition of citizenship by descent can be filed in two main ways: through the administrative route, at the Italian consulate competent for your area of residence, or, if you’re a resident in Italy, at your Comune of residence. The judicial route is a fallback, used only when it isn’t possible to get an appointment with the competent consulate.

The consular route generally has longer waiting times for an appointment, but doesn’t require legal representation.

Through the consular route, the Italian consulate competent for the applicant’s area of residence reviews the documentation and, if it’s complete and compliant, proceeds with administrative recognition. The main advantage is the contained cost, limited essentially to document and translation expenses. The main drawback, at many consulates facing high demand — I’m thinking particularly of Argentina, Brazil, and the United States — is the waiting time for an appointment, which in some cases can stretch into years.

For those who decide to move to Italy, it’s also possible to file the application directly with the Italian Comune of residence, a route that in some cases can be faster than the consular channel, but which presupposes an actual relocation and establishing real residency, with everything that entails in terms of logistics and daily life.

There’s no one-size-fits-all answer on which route is preferable: it depends on how many applicants are in your family, which consulate has jurisdiction, your available budget, and how urgent the case is. It’s a decision worth making together with a professional who knows the current state of both routes in your jurisdiction — Studio Legale Giorgianni handles judicial citizenship cases specifically for situations where the consular route isn’t accessible.

What to Do If Your Case Falls in the Area of Uncertainty

If your line of descent goes back more than two generations and doesn’t fall under one of the reform’s exceptions, that doesn’t automatically mean the path is closed, nor that it’s worth passively waiting for the outcome of the CJEU referral without doing anything.

Some practical elements remain within your control regardless of how the European question plays out. The first is gathering documentation: building the complete chain of birth and marriage certificates takes time, especially for ancestors further back in time, and this work doesn’t become useless whatever the outcome of the legal situation — if anything, it’s a prerequisite for whichever path you end up following.

The second is staying informed about developments: since the matter is being actively followed by several Italian courts, as shown by the Court of Avellino’s new ordinance in September 2026, further rulings may emerge even before the CJEU’s decision. A professional who follows the matter regularly can help you understand if and when it makes sense to act.

The third is assessing, with a lawyer, whether your specific situation might fall under one of the reform’s lesser-known exceptions, or whether other paths to Italian citizenship — marriage to an Italian citizen, or relocating your residence — remain available regardless of how the referral is resolved.

Why This Guide Is Updated Regularly

Citizenship by descent is among the most dynamic areas of Italian law right now, with judgments, ordinances, and referrals following one another at a fast pace just in 2025 and 2026. This guide is reviewed periodically to reflect the most recent legislative and judicial developments, including any developments in the CJEU preliminary referral.

How ClickCertificati Can Help You Gather the Documents

Regardless of how the regulatory picture on citizenship evolves, gathering civil status documentation remains a necessary step for any recognition case. ClickCertificati doesn’t provide legal advice on your eligibility, but handles the documentary side: requesting the birth, marriage, and death certificates you need to reconstruct the documentary chain on your behalf, dealing directly with the competent Italian municipalities.

The service also handles more complex searches, for ancestors born many decades ago or in territories that have changed names or jurisdiction over time, with apostille and sworn translation available as options when needed for the case.

For anyone still building their family tree who doesn’t have precise data on every ancestor in the chain, the preliminary search can also start from partial information — a surname, an approximate region, a historical period — cross-referenced with emigration records and available historical archives, to identify the correct municipality and record before even starting the formal request for certificates.

ClickCertificati has 10 years of experience working with all 7,900 Italian municipalities, including the smaller or less responsive ones. No SPID, no consular appointment just to gather documents, no trip to Italy required: the entire document search is handled online, wherever in the world you happen to be. For the full picture on all three civil status documents, see our complete guide to Italian certificates from abroad.

Frequently Asked Questions about Italian Citizenship by Descent

Has citizenship by descent been abolished?

No. The 2025 reform introduced a generational limit, not an abolition. Anyone with a direct link within two generations, or who falls under one of the exceptions provided by law, can still obtain recognition under the new rules.

What changes if my application was filed before March 27, 2025?

In these cases, the criteria that applied before the reform generally continue to apply, with no two-generation limit, under the principle of non-retroactivity confirmed by Constitutional Court Judgment 142/2025.

Does the CJEU referral block all citizenship cases in progress?

No. The referral suspends the specific case before the Constitutional Court on that particular question, but the law remains in force and continues to apply to new applications in the meantime.

How long will it take for a CJEU decision?

Preliminary ruling proceedings before the CJEU are typically lengthy, often between 12 and 24 months. It isn’t possible to predict with certainty when a decision will arrive.

I have an Italian great-grandparent: can I still apply for citizenship?

It depends on several factors, including the date of any application already filed and the specific circumstances of your case. Since the matter is evolving, especially for links beyond two generations, the assessment requires an up-to-date professional review.

What documents do I need to start the process?

You need birth certificates for every generation in the chain, from the Italian ancestor to the applicant, together with the marriage certificates connecting each generation to the next. Gathering these documents is a necessary step regardless of how the ongoing legal question is resolved.

Can I apply for citizenship for my minor children?

A parent’s recognition of citizenship isn’t automatically transmitted to a minor child: an additional formal declaration may be required, with specific requirements to be checked case by case.

Is it worth waiting for the CJEU decision before starting the process?

Not necessarily. Gathering civil status documentation takes time regardless of how the European question is resolved, and it’s a useful step in any scenario. The decision on when to formally file the application is instead something to assess with a professional, case by case.

My ancestor naturalized as a citizen of another country: does that affect my case?

It can, because a naturalization that occurred before the next descendant in the chain was born may have interrupted the transmission of Italian citizenship at a point before the 2025 reform, regardless of the new rules. It’s something that should always be checked during preliminary document research.