Italian Citizenship by Descent After Law 74/2025 — What Changed and Who Still Qualifies

If you have Italian ancestry and you've been researching citizenship by descent, 2025 changed the rules significantly. Italy's government introduced new limits through what became known as the Tajani Decree — later converted into Law 74/2025. On March 12, 2026, Italy's Constitutional Court upheld those changes. The law stands.

This post explains exactly what changed, who still qualifies, and what your options are if the new rules appear to close the door on your family's case.

What the old rules were

Under Italy's previous framework, any person of Italian descent could apply for citizenship by descent — known as jure sanguinis — as long as they could prove an unbroken line of Italian ancestry going back to an ancestor who was an Italian citizen after 1861. There was no generation limit. Great-great-grandparents, fifth-generation descendants — all could apply, provided the citizenship chain was intact and the Italian ancestor had not naturalized in another country before the next person in the line was born.

What Law 74/2025 changed

Italy's government introduced Decree-Law 36/2025 in March 2025, citing massive consular backlogs — some Italian consulates faced decades-long appointment wait times — and concerns about applications from people with little genuine connection to Italy. The decree was converted into Law 74/2025 in May 2025.

The core change is a two-generation limit. For new applications filed after March 27, 2025, the law limits automatic citizenship recognition to people with a parent or grandparent who held Italian citizenship. Great-grandparents and more distant ancestors no longer qualify for new applications under the standard route.

There is an additional requirement: the qualifying Italian ancestor — your parent or grandparent — must have held exclusively Italian citizenship at the time the next person in your line was born. If your grandparent held both Italian and another citizenship simultaneously at the relevant moment, the standard pathway may be blocked.

There is a second qualifying pathway: a parent or grandparent who resided in Italy for at least two consecutive years after acquiring Italian citizenship and before your birth may also qualify you.

What the Constitutional Court decided in March 2026

On March 12, 2026, Italy's Constitutional Court held its public hearing and issued its ruling. The Tribunal of Turin had argued that the retroactive application of Law 74/2025 violated constitutional principles including equality, legal certainty, and Italy's international obligations.

The constitutional challenges were declared partly unfounded and partly inadmissible. The two-generation limit stands. The retroactivity argument was rejected. A full written ruling is expected by April 2026 and may contain nuances not yet public. A separate case before Italy's Supreme Court on the 'minor issue' — whether children automatically lost citizenship when a parent naturalized abroad — may be resolved in spring 2026 and could open additional pathways for some families.

Who still qualifies under the current rules

If your application was filed, complete with all required documentation, on or before March 27, 2025, you remain protected under the previous rules.

For new applications filed after that date, you qualify if:

• You have a parent born in Italy who held exclusively Italian citizenship when you were born, or who lived in Italy for at least two consecutive years after acquiring citizenship and before your birth.

• You have a grandparent born in Italy who held exclusively Italian citizenship when your parent was born, or who lived in Italy for at least two consecutive years after acquiring citizenship and before your parent's birth. Your parent must then have held Italian citizenship when you were born.

Italy allows dual citizenship — you do not need to give up your US passport.

Who may not qualify under the new rules

If your closest Italian ancestor is a great-grandparent, and you are filing a new application after March 27, 2025, the standard jure sanguinis route is no longer available to you. This affects a significant portion of Italian-American families whose connection to Italy goes back to the large emigration waves of the late 19th and early 20th centuries.

If your qualifying ancestor held dual citizenship at the relevant moment — for example, if your grandparent naturalized as a US citizen while children were still minors, making them simultaneously Italian and American — the exclusive citizenship requirement may block the standard pathway.

Paths that remain open regardless of the new rules

Three routes are entirely unaffected by Law 74/2025:

The 1948 rule — judicial pathway. If your Italian line runs through a woman who transmitted citizenship to a child born before January 1, 1948, the old Italian law did not allow women to pass citizenship to their children. These cases go through Italian civil courts, not the consulate. This pathway is completely unaffected by the 2025 reform and remains fully available for all generations.

Two-year Italian residency. Any person of Italian descent — regardless of how distant the ancestry — can apply for Italian citizenship after living legally in Italy for two consecutive years. This pathway has no generational limit. Law 74/2025 did not change this.

Reacquisition for certain pre-1992 losses. Those born in Italy who lost Italian citizenship under older law when they acquired a foreign citizenship before 1992 may reacquire it by filing a declaration between July 1, 2025, and December 31, 2027.

What this means for your family

Italian citizenship is still possible for many Italian-American families. The question is whether your specific family line falls within the new rules — and that depends on exact dates, naturalization records, and the citizenship status of your qualifying ancestor at the critical moment.

For parents thinking about legacy: if your parent or grandparent was born in Italy and you have not yet applied, now is the time to act. The path is clear for parent and grandparent connections. And if you obtain Italian citizenship, it passes automatically to your children — giving them rights across all 27 EU member states.

Quick reference: Italian citizenship by descent after Law 74/2025

Filed before March 27, 2025:  Previous rules apply — no generation limit

Parent born in Italy, exclusively Italian citizenship at your birth:  Qualifies

Grandparent born in Italy, exclusively Italian citizenship at parent's birth:  Qualifies

Great-grandparent or further back, new application after March 27 2025:  Standard route closed

1948 rule (pre-1948 maternal line):  Fully open, unaffected by reform

Two-year Italian residency:  Fully open, no generation limit

Dual citizenship allowed:  Yes — you keep your US passport

Consulates handling applications until:  December 31, 2028

Fee:  €600 per adult

Italian citizenship by descent Law 74/2025

→ Check your eligibility free: tagivelegacy.com/eligibility

This post is educational guidance based on publicly available law as of March 2026. It is not legal advice. A full written ruling from Italy's Constitutional Court is expected by April 2026 and may contain additional nuances. For complex cases — pre-1948 maternal lines, exclusive citizenship questions, or cases near the March 27, 2025 cutoff — consult a qualified Italian citizenship attorney.