Italian Citizenship Assistance

Italian Citizenship By Descent

Jure Sanguinis

UPDATED MAY 25, 2025

Italian Citizenship for Individuals Born Abroad – Updated Legal Framework (2025)

LAW n. 74/2025 – conversion of Decreto Legge n. 36/2025

A significant change to Italian citizenship law redefines how individuals born abroad are eligibile

Citizenship by Birth

Art. 3 bis Law 91/1992 (added by art.1, par. 1, D.L. 28 March 2025, n. 26, converted with modifications by L. 23 May 2025, n. 74).

Individuals born abroad who hold another citizenship do not automatically acquire Italian citizenship. This applies retroactively to those born before the law’s entry into force.

However, there are exceptions:

If Italian citizenship status was recognized, or the applicant received an appointment for application submission before March 27, 2025, 23:59 Rome’s time (art. 3 bis letter a)
If citizenship was judicially confirmed following a claim filed before March 27, 2025, 23:59 Rome’s Time (art 3 bis letter a) bis)
the status of citizen of the person concerned is judicially ascertained, in compliance with the legislation applicable on March 27, 2025, following a judicial application submitted no later than 23:59, Rome time, on the same date art (3 bis letter b)
If a parent or grandparent held exclusively Italian citizenship (i.e., no dual nationality) (art 3 bis lett c)
If a parent or adoptive parent resided in Italy for at least two consecutive years after acquiring Italian citizenship and before the child’s birth or adoption (art 3 bis lett d)

Citizenship by Legal Entitlement (Not by Birth)

Art. 4 par. 1 bis Law 91/1992 (Paragraph inserted by art. 1, paragraph 1-bis, letter b), D.L. 28 March 2025, n. 36, converted, with modifications, by L. 23 May 2025, n. 74)

Introduces citizenship by acquisition, not by birth.

It provides that:

A minor who is a foreign national or stateless, and whose mother or father is an Italian citizen by birth, acquires Italian citizenship if the parents or legal guardian declare their intention for the child to acquire citizenship, and one of the following conditions is met:

a) After the declaration is made, the minor resides legally and continuously in Italy for at least two years;

b) The declaration is submitted within one year of the child’s birth or within one year from the date the parent-child relationship is legally established, including through adoption, with an Italian citizen

Please note. Article 1-ter of the new law 74/2025 provides that for minors on the date of entry into force of theLaw of conversion of this decree, who are children of citizens from birth referred to in Article 3-bis, paragraph 1, letters a), a-bis) and b),of law 91/1992, may submit the declaration provided for from article 4, paragraph 1-bis, letter b), by 23:59, Rome time, on May 31, 2026

Art. 4 par 1 ter Law 91/1992 (Paragraph inserted by art. 1, paragraph 1-bis, letter b), D.L. 28 March 2025, n. 36, converted, with modifications, by L. 23 May 2025, n. 74)

It provides that the child may renounce citizenship at age 18 if they hold another nationality.

Art 4 (alinea- amended by art. 1, paragraph 1-bis, letter a), D.L. 28 March 2025, n. 36, converted, with modifications, by L. 23 May 2025, n. 74), provides that: the foreigner or stateless person, whose father or mother or one of the ascendants in a straight line of the second degree are or have been citizens by birth, becomes a citizen: (previous text provided that “The foreigner or stateless person, of which the father or mother or one of the ascendants in a straight line of the second degree were citizens by birth, becomes a citizen”).

A) if they provide effective military service for the Italian State and declares in advance that he wants to acquire Italian citizenship;

B) if they take up public employment under the State, even abroad, and declares that he wants to acquire Italian citizenship;

C) if, upon reaching the age of majority, they have legally resided for at least two years in the territory of the Republic and declares, within one year of reaching, that they want to acquire Italian citizenship.

Acquisition of Citizenship of Minor Following the Parent’s Naturization

Art. 14 Law 91/1992 (Paragraph thus amended by art. 1, paragraph 1-quater, D.L. 28 March 2025, n. 36, converted, with modifications, by L. 23 May 2025, n. 74) provides that:

A minor child of a parent who acquires Italian citizenship may also acquire citizenship, provided that the child has been legally and continuously residing in Italy for at least two years at the time the parent becomes a citizen.

If the child is under the age of two, this requirement is considered met if the child has been residing in Italy since birth.

Citizenship Recognition and Legal Disputes

Article 1, paragraph 2,D.L. 28 March 2025, n. 36, converted, with modifications, by L. 23 May 2025, n. 74 outlines stricter rules for legal proceedings concerning citizenship recognition. Oaths and witness testimony are no longer admissible unless explicitly allowed by law. The burden of proof falls on the individual seeking recognition of Italian citizenship.

Entry and Work Rights for Descendants of Italian Citizens

Art. 27 paragraph octies D.Legislativo n. 286/1998 Testo Unico Immigrazione (amended by Article 1-bis, paragraph 1 D.L. 28 March 2025, n. 36, converted, with modifications, by L. 23 May 2025, n. 74)

Foreign nationals residing abroad who are descendants of Italian citizens and citizens of countries with a historic Italian emigration may enter and work in Italy outside of the annual immigration quotas. A ministerial decree will define the eligible countries.

Faster Citizenship by Residency for Italian Descendants

Article 9 letter a) Law 92/1991 (amended by art. 1-bis, paragraph 2, letter a), D.L. 28 March 2025, n. 36, converted, with modifications, by L. 23 May 2025, n. 74).

It reduces the residency requirement from three to two years for descendants (children or grandchildren) of Italian citizens by birth to apply for Italian citizenship by naturalization.

Citizenship Reacquisition for Former Citizens

Art. 17 Law 92/1991 (substituted by art. 1-ter, paragraph 1, letter b), D.L. 28 March 2025, n. 36, converted, with modifications, by L. 23 May 2025, n. 74.

Provides that individuals who were born in Italy or resided there for at least two consecutive years, and who lost their Italian citizenship under Law No. 555/1912, may reacquire it by declaration between July 1, 2025, and December 31, 2027

Follow the link to the Law- Gazzetta Ufficiale (Law 23 May 2025 n. 74)

Citizenship Denied?

We also provide assistance in cases of denial of citizenship by descent during the administrative process, when the competent authority—whether an Italian municipality or a consulate abroad—determines that, according to civil status regulations, the right to recognition does not exist and consequently rejects the applicant’s request.

What is the 1948 Rule for Italian Citizenship?

Please note: Despite the new law on italian citizenship 2025, the 1948 rule may still apply. Contact us for a free consultation.

The 1948 rule, also known as the “rule of 1948,” affects how certain cases for recognition of dual Italian citizenship are handled for individuals seeking Italian dual citizenship by descent through maternal lineage.

The law on Italian citizenship no. 91 of February 5, 1992, is based on the principle of equality between men and women. Both transmit citizenship to their children as provided by article 1.

The previous laws (number 555/1912, art 1 and art 4 Codice del Regno d’Italia) did not recognize the principle of equality between men and women and, on the contrary, provided that only the child of a citizen father was normally an Italian citizen. Additionally, children born to an Italian citizen and a foreign citizen could not be recognized as Italians if the mother had acquired foreign citizenship through marriage.

On January 1, 1948, the Italian Constitution came into force, establishing equal rights for men and women. Only in 1983 did the Italian Constitutional Court declare unconstitutional article 1 of law no. 555 of 1912, in the part in which it did not provide that the child of a citizen mother is also a citizen by birth.

The ruling of the Constitutional Court was a pioneer to Law No. 123, approved in April of the same year, 1983, which allowed the transmission of Italian citizenship to children through the mother, introducing the principle of moral and legal equality between men and women in the Italian legal system regarding the transmissibility of this right to children.

For those born before 1983, the Italian Government requested an opinion from the Consiglio di Stato, the court that has advisory functions and jurisdictional functions in the administrative field. The ruling of the Consiglio di Stato (opinion n. 105 April 15, 1983) affirmed that the equality principle applies only to children born after January 1, 1948—this being the date the Italian Constitution was adopted. For this reason, Italian consulates and city halls only accept applications for Italian citizenship from children born to an Italian mother after January 1, 1948.

The United Sections of the Court of Cassation (Corte di Cassazione) followed in 2009, which extended the equality principle to cover cases of citizenship transmission where the claimants were born to an Italian mother before 1948.

The 1948 Rule and loss of citizenship through marriage

Before 1948, Italian women could automatically lose their citizenship by marrying a foreign national. This discriminatory practice changed in 1975 when the Italian Constitutional Court made a significant ruling stating that women should not automatically forfeit their citizenship upon marrying a non-Italian citizen. However, this ruling did not apply retrospectively to marriages that took place before 1948.

The 2009 precedent from the Court of Cassation (the 1948 Rule) changed that. This ruling allowed Italian women who had lost their citizenship through pre-1948 marriages to regain their national status.

The law on Italian citizenship no. 91 of February 5, 1992, is based on the principle of equality between men and women.

STEP 1: Gather the documents

First, you need to gather all the so-called vital documents: birth, death, marriage, divorce, immigration certificates, and, when applicable, the naturalization certificate of the ascendants. If there have been name changes, the relevant documents must also be produced.

STEP 2: Legalize the documents

All non-Italian documents proving lineage must be legalized through an apostille if your country is a signatory to the Hague Convention. This means they must be accompanied by a document certifying their signature. The apostille legalizes the documents and verifies their authenticity.

If your country is not a signatory to the Hague Convention, the documents must be legalized through the Italian Embassy or Consulate in your country.

STEP 3: Translate the documents

Once you have legalized the documents, they will have to be translated to Italian.

They can also be translated in Italy by a professional translator who will swear before the court to the accuracy of their translation.

We collaborate with translators and can handle the translation for you.

STEP 4: Legal Representation

You will need an attorney to represent you in court, to whom you will have to send all the original documents. Photocopies are not accepted by the Court. We can represent you in Court, ensuring all legal matters are handled
proficiently. Your presence is not required in Italy; we will represent you through a power of attorney.

STEP 5: Filing the Petition

The petition has to be filed in the Italian court on your behalf, presenting evidence of your eligibility under the 1948 Rule. The competent court to decide is the one that has jurisdiction over the territory in which your ancestors were born.

STEP 6: Court Proceeding

The court will review your case. The process may take one to three years or longer, depending on the workload of the competent court.

STEP 7: Registering Vital Records and Finalizing Your Italian Citizenship

After receiving a favorable ruling from the judge, you will be issued a court order. All the vital records you have gathered must now be registered with the Italian
municipality (comune) where your ancestor was born.

This court order is essential for completing this last step. Each comune has its own set of policies and procedures that you will need to follow for proper registration.

We can assist you in this process.