Italian Citizenship by Descent (Jure Sanguinis) Explained

Italy's citizenship-by-descent regime — governed by the principle of jure sanguinis, or "right of blood" — has historically been among the most expansive in the world. For most of its modern history, Italian law could in theory transmit citizenship across unlimited generations, provided the chain of descent met specific legal requirements. That changed in 2025. Decree-Law No. 36/2025 (28 March 2025), converted into Law No. 74/2025 (23 May 2025), introduced a generational limit: new applicants must generally have a parent or grandparent who was born in Italy. Claims through great-grandparents and earlier ancestors — once the hallmark of the Italian route — are no longer available to new applicants under the ordinary rules.

A grandfather clause preserves the old position for those whose citizenship was already recognised, or whose application or consular appointment was filed/booked, before the cut-off (end of 27 March 2025, Rome time). Those cases continue to be assessed under the previous unlimited-generation rules.

This means that Americans, Argentinians, Australians, Brazilians, Canadians, and nationals of many other countries with an Italian-born parent or grandparent may still have valid claims to Italian citizenship — and through it, EU citizenship. Those whose Italian ancestor is further back than a grandparent will, in most cases, no longer qualify under the post-2025 rules.

This guide explains the rules, the key complications, and the practical routes to making a claim. Because this is a fast-moving area, verify the current position with a specialist Italian immigration lawyer before relying on it.

The Basic Principle

Italian citizenship passes from parent to child by birth, regardless of where the child is born. This has been true under Italian law since unification in 1861. A person born abroad to an Italian citizen parent is Italian at birth.

Historically, because this rule applied to every generation, the chain could extend back many generations: an Italian great-great-grandfather who emigrated to Argentina in 1895 might still be transmitting Italian citizenship to living descendants today — provided the transmission chain was not broken by a specific legal event. Since the 2025 reform, however, new applicants must generally trace their claim to a parent or grandparent born in Italy; great-grandparent and earlier claims are no longer available under the ordinary rules (subject to the grandfather clause for pre-28 March 2025 cases described above).

When the Chain is Broken

The jure sanguinis chain is broken under three main circumstances:

1. Voluntary Naturalisation Before the Birth of the Next Generation

If an Italian-born ancestor voluntarily naturalised as a citizen of another country before their child was born, Italian citizenship was not transmitted to that child. This is the most common chain-breaker for descendants of Italian emigrants.

Example: An Italian man born in Naples emigrated to the United States in 1890 and naturalised as an American citizen in 1895. If his first child was born in the US in 1897 — after naturalisation — Italian citizenship was not transmitted to that child, and the chain is broken.

Example (chain preserved): The same Italian man naturalised in 1895, but his first child was born in 1893 — before naturalisation. Italian citizenship was transmitted to that child, and the chain may continue.

The date of the ancestor's naturalisation relative to the birth of each child in the chain is therefore critical. For large families, some siblings may be in the chain and others not.

2. Renunciation

Formal renunciation of Italian citizenship breaks the chain. This is rare but can occur.

3. The 1948 Rule (Female Ancestors Before 1948)

This is the most complex aspect of Italian jure sanguinis law. Under Italy's 1912 citizenship law (which remained in force until 1983), Italian women who married foreign nationals automatically lost their Italian citizenship. Additionally, the 1912 law did not permit women to transmit citizenship to their children in the same way men could.

As a result, if any ancestor in your chain is a woman who emigrated and had children before 1 January 1948 (when Italy's republican constitution came into force with its equality provisions), the transmission from that female ancestor to children born before 1948 is problematic under the older interpretation of Italian law.

The 1948 Rule creates a legal distinction:

• If the female ancestor transmitted citizenship to a child born on or after 1 January 1948, the transmission is recognised under Italian law.
• If the female ancestor transmitted citizenship to a child born before 1 January 1948, the standard administrative route does not recognise this transmission.

However, Italian courts have increasingly recognised pre-1948 female transmission as discriminatory and contrary to the Italian constitution and the European Convention on Human Rights. Applicants affected by the 1948 Rule can pursue recognition of citizenship through the Italian court system — typically by filing a case in civil court in Italy. This route is more expensive (legal representation in Italy is required) and takes longer, but has a reasonable success rate. A number of specialist Italian law firms handle these cases regularly.

The Two Application Routes

Route 1: The Consular Route

The standard route is to apply through the Italian consulate in your country of residence. Each Italian consulate has jurisdiction over residents of its district. The application requires presenting the full documentary chain from the qualifying Italian ancestor to yourself.

Key requirements for the consular route:

• The Italian-born ancestor must not have naturalised before the birth of the next generation in the chain
• No 1948 Rule complication (or if there is, the chain must have an unbroken male-line connection around the pre-1948 female link)
• Full documentary chain: birth, marriage, and death certificates for each generation from the Italian ancestor to the applicant
• Italian ancestor's naturalisation record from the destination country (to confirm the date of naturalisation relative to children's birthdates)
• Apostilled documents, certified translations where required

Current state of the consular route: Italian consulates worldwide — particularly in the US, Brazil, and Argentina — are experiencing multi-year backlogs for citizenship appointments. As of 2026, wait times of three to six years for an appointment at some consulates have been reported. This reflects the enormous volume of interest in the programme worldwide.

Route 2: The Judicial Route (Court in Italy)

To bypass the consular backlog or to address 1948 Rule complications, applicants may file a civil court case in Italy seeking a declaration of Italian citizenship (riconoscimento della cittadinanza italiana). This requires engaging an Italian lawyer and appearing before an Italian civil court (or being represented by counsel).

The judicial route has advantages beyond speed in some cases: courts have been more willing to recognise female-line transmission and some other complex chain scenarios that consulates reject. It is the only viable route for 1948 Rule claims.

Cost is typically higher than the consular route — attorney fees, court fees, and travel costs or power-of-attorney arrangements. However, for applicants unable to wait years for a consular appointment, or with pre-1948 female-line transmission, it may be the practical route.

Important: The validity of the judicial route has been the subject of ongoing legal debate in Italy. Italy has periodically attempted to restrict the use of courts for citizenship recognition, and the legal landscape in this area may evolve. Verify current availability with specialist Italian immigration lawyers.

Documentary Requirements in Detail

The documentary chain is the core of any jure sanguinis application. Typical documents required include:

For each generation in the chain:

• Birth certificate
• Marriage certificate (to establish the link to the next generation)
• Death certificate

For the Italian-born ancestor:

• Italian birth certificate (from the relevant comune — Italian municipality)
• Evidence of emigration (passenger lists, Italian passports, emigration records)
• Naturalisation record from the destination country, with the date — this is critical to confirm the timeline relative to children's births

For all documents:

• Apostille from the issuing country (Italy is a signatory to the Hague Apostille Convention)
• Certified Italian translation where documents are not in Italian
• Some consulates require specific formats or notarisations — verify with the relevant consulate

Records held in Italy: Italian birth, marriage, and death records are held in the civil registry (anagrafe) of each municipality. Records are generally available going back to 1866 (earlier records are in church archives). Italian municipalities vary in their responsiveness to overseas requests; a specialist Italian genealogist or lawyer can assist with obtaining records.

US records: For Italian-Americans, key records include US naturalisation papers (USCIS, or formerly INS, holds records from 1906; earlier naturalisations may be in state court archives), census records (showing birthplace and family composition), and passenger manifests from Ellis Island and other ports of entry (available through Ancestry.com, the National Archives, and Family History Library).

South American records: For Brazilian and Argentine descendants of Italian emigrants, civil registry records are held at the relevant state or municipal registries. Some Latin American countries have their own apostille processes that interact with Italian consular requirements.

Genealogical Research

For many applicants, the research phase is the most time-consuming element of a jure sanguinis claim. Key resources include:

• FamilySearch (LDS Family History Library): Free online access to digitised civil and church records from many Italian regions
• Antenati (Italian National Archives portal): Digitised Italian civil registry records for many provinces
• Ancestry.com: US passenger records, census data, and naturalisation indices
• NARA (US National Archives): Naturalisation records post-1906
• Italian specialist genealogists: Particularly useful for obscure rural villages, damaged or incomplete records, or complex family structures

The genealogical research for a multi-generation jure sanguinis claim takes three months to a year for a specialist researcher. (Note that, since the 2025 reform, new applicants must generally qualify through a parent or grandparent born in Italy, so the documentary chain for most new claims is shorter than the four- and five-generation chains that were common before the change.)

Cost Expectations

The total cost of a jure sanguinis application varies considerably:

• Genealogical research: USD 1,500–10,000+ depending on complexity and number of generations
• Document acquisition, apostilles, and translations: USD 1,000–4,000
• Legal fees (if using an Italian lawyer for the judicial route): EUR 3,000–15,000+
• Italian consulate fees: Relatively modest (typically EUR 300 or less in official fees), but do not reflect the hidden cost of multi-year waiting time

Processing Times

• Consular route: Variable, but multi-year backlogs at major consulates (São Paulo, New York, Chicago, Buenos Aires) mean total timelines of five to eight or more years in some districts.
• Judicial route in Italy: Typically 18 months to three years from filing, depending on the court district and case complexity.

After Citizenship: Registration and Passport

Once citizenship is recognised — whether via consulate or court — the applicant is registered with the relevant Italian municipality of their ancestral record (the comune of the Italian-born ancestor). An Italian passport and national identity card may then be applied for.

Italian passports are EU passports. They provide access to all EU free movement rights and the global visa-free access associated with the EU passport ranking.

Always seek professional legal advice before commencing a jure sanguinis application. The rules are complex, the interaction between the 1948 Rule and male-line transmission requires specific analysis for each family tree, and errors in application can cause delays or rejection. This guide is a general overview as of mid-2026 and does not constitute legal advice.

How Global Investments Can Help

Global Investments helps clients with Italian ancestry assess and pursue jure sanguinis claims as part of broader citizenship planning. Our services include:

• Preliminary eligibility assessment based on your family history
• Coordination with specialist Italian immigration lawyers and genealogists
• Guidance on consular vs. judicial route selection based on your timeline and chain
• Integration of Italian (EU) citizenship into broader wealth and mobility planning

Contact our citizenship planning team for a confidential initial consultation.