Italian Citizenship 2026 Law Changes — What You Need to Know
Last updated: April 2026. This page reflects the Constitutional Court ruling of March 12, 2026.
Confused about whether you still qualify? Let us assess your eligibility under the new rules — free.
Check Your EligibilityItaly's citizenship landscape has fundamentally changed. On March 28, 2025, the Italian government issued Decree-Law No. 36/2025 — widely known as the "Tajani Decree" — which was converted into permanent law (Law No. 74/2025) on May 23, 2025. On March 12, 2026, the Constitutional Court upheld the reform, confirming that the new restrictions are constitutional.
If you're an American with Italian ancestry who was considering a citizenship by descent application, the rules that applied a year ago may no longer apply to you. Here's what changed, who's still eligible, and what your options are.
What Changed: The Core Restrictions
Two-generation limit. The most significant change: Italian citizenship by descent is now limited to those with a parent or grandparent born in Italy. Previously, citizenship could be traced back indefinitely — through great-grandparents, great-great-grandparents, and beyond — as long as no one in the chain renounced Italian citizenship. That unlimited transmission is over.
Exclusive citizenship requirement. Your Italian-born parent or grandparent must have held exclusively Italian citizenship at the time of their death (or, for living relatives, must currently hold only Italian citizenship). If they naturalized as a U.S. citizen — which most immigrant ancestors did — this requirement may disqualify their descendants under the new rules.
No more automatic transmission to dual nationals born abroad. Children born abroad to Italian parents who also hold another citizenship no longer automatically acquire Italian citizenship. Parents must now file a formal declaration within one year of birth.
Who Can Still Qualify
Despite the restrictions, several pathways remain open:
1. Applications filed before the cutoff. If your citizenship application — whether administrative (consular) or judicial (court-filed) — was submitted before 11:59 PM Rome time on March 27, 2025, it will be evaluated under the previous, more permissive rules. This is the strongest protection, and thousands of applicants worldwide fall into this category.
2. Parent or grandparent born in Italy with exclusive Italian citizenship. If you have a parent or grandparent who was born in Italy and held only Italian citizenship at the time of their death, you may still qualify. In practice, this is narrow — many Italian immigrants naturalized in the U.S., which means they acquired dual citizenship and may no longer meet the "exclusively Italian" requirement.
3. Parent who resided in Italy for two consecutive years. If a parent or adoptive parent resided in Italy for at least two consecutive years after acquiring Italian citizenship and before your birth or adoption, you may qualify regardless of other restrictions.
4. Minor children. Parents who are already recognized Italian citizens can declare their minor children's citizenship. For children who were minors as of May 24, 2025, declarations must be filed by May 31, 2026.
The Constitutional Court Ruling (March 2026)
Many in the Italian diaspora hoped the Constitutional Court would strike down or soften the Tajani Decree. On March 12, 2026, the Court rejected all constitutional challenges, ruling that Parliament has the authority to set generational limits on citizenship and that the Constitution does not require unlimited transmission of citizenship by descent.
The ruling was not the final word on every aspect of the reform. The Joint Sections of the Italian Court of Cassation (Sezioni Unite) are scheduled to hear arguments on April 14, 2026, and their decision may clarify additional issues — including the so-called "minor issue" regarding children of naturalized fathers under the 1912 law.
What About the 1948 Maternal Line Cases?
If your Italian lineage passes through a woman who had children before January 1, 1948, special rules have historically applied — the so-called "1948 cases" required filing a lawsuit in Italian courts rather than applying through a consulate. These cases remain legally possible, but are now subject to the same generational restrictions as standard applications.
The situation is evolving. Some legal professionals believe that 1948 cases involving a female ancestor who is a parent or grandparent may still be viable under the new framework. Read our detailed guide to the matrilineal line and 1948 cases →
Your eligibility depends on the specific details of your family line. We can tell you exactly where you stand.
Get a Free AssessmentWhat's Coming Next: Centralization in Rome (2029)
Separate from the Tajani Decree, Italy passed Bill 1683 (Law No. 11 of January 2026), which will move adult citizenship-by-descent processing from individual consulates to a centralized Citizenship Directorate at the Ministry of Foreign Affairs in Rome, effective January 1, 2029. Until then, consulates continue to handle applications — but with annual caps limiting how many new files each consulate can accept.
Under the new system, applications will be submitted by registered mail in paper form, but all subsequent communication will happen through a secure digital portal. The maximum processing time has been extended from 24 to 36 months. Each consulate can only accept as many new applications per year as it finalized the previous year (with a minimum of 100), creating a natural bottleneck during the transition.
For Americans still eligible, the 2026–2028 window may be the most practical time to file, before the centralized system and its quotas take full effect. Immigration lawyers are already advising clients to prepare documentation now and file as soon as possible to secure a place in line.
Key Deadlines to Know
March 27, 2025 (passed): Cutoff date for applications evaluated under the old, more permissive rules. If your application was filed before this date, you're protected.
May 31, 2026: Deadline for Italian citizen parents to declare citizenship for minor children who were under 18 as of May 24, 2025. If a child turns 18 before this date, they must file the declaration themselves by this deadline.
December 31, 2027: Deadline for persons born in Italy who lost their Italian citizenship under the 1912 law to reacquire it through a simplified declaration process (no residence requirement).
January 1, 2029: Adult citizenship-by-descent applications shift from consulates to the centralized Rome office. Annual quotas take effect.
April 14, 2026 (upcoming): The Italian Court of Cassation's Joint Sections are scheduled to hear arguments that may clarify unresolved issues including the "minor question" — whether children of fathers who naturalized abroad under the 1912 law lost their citizenship.
What This Means for Your Genealogy Research
Even under the new rules, the document requirements for citizenship applications have not changed. Every application still requires:
✔ Certified Italian birth certificates for Italian-born ancestors
✔ Complete vital record chains (birth, marriage, death) for every generation
✔ Naturalization records or proof of non-naturalization
✔ Apostilles from each issuing state
✔ Certified translations of all foreign-language documents
In fact, the new rules make professional research more important, not less. Under the previous system, minor errors in documentation could sometimes be corrected during a years-long processing period. Under the new framework — with annual caps, a centralized processing office, and a 36-month maximum timeline — applications need to be complete and airtight from the start. A single missing certificate, an incorrect apostille, or an uncertified translation can send your application to the back of the queue.
The consular fee for jure sanguinis applications has also increased to €600 — up from €300 — making it even more costly to submit an incomplete application that gets returned. Getting the genealogy research right the first time isn't just a time-saver; it's a financial decision.
We're seeing increased urgency from clients who fall within the new eligibility window. If you have a parent or grandparent born in Italy and believe you may qualify, the time to start gathering documents is now — not after the centralized system goes live in 2029.
Frequently Asked Questions
Can I still get Italian citizenship through my great-grandparent?
Generally, no — not under the new rules. Law 74/2025 limits automatic recognition to descendants with a parent or grandparent born in Italy. The only exception is if your application was filed before March 27, 2025, in which case the old rules still apply.
My grandmother was born in Italy but became a U.S. citizen. Can I still qualify?
It depends on whether she held exclusively Italian citizenship at the time of her death. If she naturalized as a U.S. citizen before 1992 (when Italy began permitting dual citizenship), she may have lost her Italian citizenship — which would break the chain under the new rules. This requires careful analysis of her naturalization timeline.
What if my application was filed before March 27, 2025?
You're protected. Applications filed before the cutoff are evaluated under the previous, more permissive rules. This includes both administrative (consular) applications and judicial (court-filed) proceedings.
Is there any way to challenge the new law?
The Constitutional Court upheld the law in March 2026. However, additional judicial proceedings are pending — including the Court of Cassation's Joint Sections hearing scheduled for April 14, 2026. European Court of Human Rights challenges are also being discussed but would likely take until 2027 or later.
Don't guess — find out where you stand under the new rules.
Send us your family details and we'll assess your eligibility under the current law framework.
Start Your AssessmentOr contact us: [email protected] | +1 (435) 219-5120
Related Pages
🔹 Italian Dual Citizenship by Descent — The full process and what's required.
🔹 Matrilineal Line and 1948 Cases — What the reform means for female-line claims.
🔹 Italian Birth Record Search — Locate the vital records your application requires.