Italy has long followed the principle of jure sanguinis , or “right of blood,” meaning citizenship is based on descent from an Italian parent or ancestor, not on being born in Italy. Even descendants whose families emigrated centuries ago, in places like South America, Canada, Australia or the United States, have successfully claimed Italian citizenship, gaining an Italian passport and visa-free EU travel, while reconnecting with Italian culture.

Does Italy have birthright citizenship? Examining Jus Soli

Although discussions of birthright citizenship often bring to mind jus soli , the idea that anyone born on a country’s soil automatically becomes a citizen, Italy does not operate this way. Instead, Italian citizenship is almost exclusively based on jure sanguinis , meaning it’s tied to ancestry rather than birthplace.

Clarifying Italy’s primary reliance on Jure Sanguinis

Under both Italian law and the principle of jure sanguinis , a child born to an Italian parent (or descendant meeting specific ancestry criteria) is automatically an Italian citizen, regardless of where the birth occurs. This mechanism allows thousands of people around the world, especially those with Italian ancestry from South America, Canada, Australia, the United States, or elsewhere, to claim Italian citizenship through ancestral ties without needing to visit Italy or establish residency.

The limited scope of Jus Soli (Citizenship by birth in Italy)

Italy does not offer automatic citizenship just because you were born on Italian soil (no jus soli ). However, if you were born in Italy and lived there legally without interruption from birth until your 18th birthday, you may be eligible to apply for Italian citizenship at age 18.

To qualify, your parents must have been foreign nationals with legal residency in Italy throughout your entire childhood. You must submit your application within one year of turning 18, or you lose the right to claim citizenship through this route.

There are exceptions: for instance, stateless children born in Italy may be granted citizenship automatically at birth.

This path is often called Italian citizenship by birth and residence —a limited form of jus soli under Italian law.

Significant changes to Italian citizenship by descent (Jure Sanguinis)

Italy’s new reforms under Decree-Law 36/2025, now codified as Law 74/2025, introduces sweeping changes to the long-standing practice of jure sanguinis . Here’s a detailed breakdown:

Generational limits: Parent or Grandparent only

Before March 2025, there were no generational limits on Italian descent —individuals could claim citizenship through great-grandparents or even further back. The new laws strictly restrict eligibility to those with at least one parent or one grandparent born in Italy. Great-grandparents and more distant ancestors no longer qualify unless they meet specific, limited conditions.

The “Effective Bond” principle

Applicants must now show a tangible connection to Italy , what Italian law calls the effective bond or genuine link. This could include:

• A parent or grandparent who held exclusively Italian citizenship at time of birth or death, without dual nationality.

Impact on more distant ancestry (Great‑grandparents and beyond)

Under the reform, applicants relying on great-grandparents or older ancestors are ineligible—unless they meet the new requirements. This marks the first time Italy has explicitly limited generational descent on a legal basis.

Updated application requirements and procedures

Italy’s amended law doesn’t just redefine eligibility, it revamps the entire application process for those claiming Italian citizenship based on Italian descent.

Introduction of mandatory fees

• For the first time, adult applicants must pay a non-refundable fee of €600, applicable to both consular and commune-based submissions. This update replaced the earlier €300 fee.
• Additionally, court-based applications (eg, 1948 cases or cases that fall under the new Law) require a €600 unified contribution per person, up from roughly €518.

The true rationale behind the Reforms

Contrary to the official narrative, the recent overhaul of Italian citizenship law appears less about modernization and more about restriction. Far from aligning with European values, the reforms—particularly the demand for exclusive Italian ancestry—have raised serious constitutional and human rights concerns.

The new law retroactively penalizes descendants of Italian emigrants, fragmenting families and denying recognition based on arbitrary criteria. Italian courts, including the Rome Tribunal, have already questioned the legitimacy of such requirements, noting they contradict Italy’s own legal tradition and international obligations.

Rather than reflecting progress, these changes risk isolating millions of Italians abroad and undermining Italy’s longstanding commitment to its global diaspora.

Defending rights, not denying heritage: the truth behind Italy’s citizenship Reform

A Constitutional and legal challenge to the “passport rush” narrative

Much has been written about the so-called “passport rush” — a misleading concept suggesting that millions of descendants of Italian emigrants are flooding consults in a last-minute scramble for EU travel benefits. In reality, this narrative has been used to justify a legally fragile and constitutionally questionable reform. The truth is more complex, and far more important: it concerns the protection of acquired citizenship rights, the preservation of family unity, and Italy’s responsibility to its diaspora.

Myth: applicants are exploiting the system for convenience

Reality: Italian citizenship is a birthright, not a privilege

Under Italian law, citizenship jure sanguinis is a fundamental, original, and permanent right that arises at birth and does not require any cultural or linguistic test to be valid. This principle has been upheld by the Supreme Court of Cassation, which has declared that Italian citizenship acquired by descent cannot be denied retroactively. Any reform that retroactively invalidates this status for those born abroad violates Article 22 of the Italian Constitution, which explicitly prohibits the deprivation of citizenship without due process.

Myth: the Reforms are necessary to control administrative burden

Reality: the “Administrative Crisis” was created by the Government itself

Official statistics show that, although the number of applications has increased over the years, they remain well within manageable limits for a modern administrative system. In 2023, 92,539 applications were processed, and 69,056 granted — a number far lower than those of permits of stay and economic migration flows. The true bottleneck lies in the outdated and dysfunctional appointment system (Prenot@mi), which has been condemned by multiple courts for systematically denying access.

Myth: the Reform promotes integration and aligns with EU standards

Reality: it violates Constitutional, European, and international norms

The requirement of a “genuine link” — such as language proficiency or residency — was introduced arbitrarily and retroactively, contradicting decades of Italian jurisprudence and European principles of legal certainty, non-discrimination, and family unity Italy’s Constitutional Court and international human rights bodies (ECHR, ICCPR, UDHR) have long recognized nationality as a basic human right, not contingent on present-day residence.

Myth: the Reform reduces consular burden

Reality: it shifts the burden to the judiciary and fails there too

The decree-law (No. 36/2025) does not simplify processes; it pushes applicants toward the judicial system. Fortunately, Italian courts continue to uphold citizenship rights through judicial petitions. Our legal team has demonstrated — and courts have accepted — that individuals who attempted to book consular appointments but were prevented from doing so by systemic inefficiencies must be granted protection under the law.

This is not a passport rush. It is a rights denial.

The decree-law is a political reaction dressed as legal reform. It targets descendants of Italian citizens who have diligently researched their lineage, invested in legal representation, and fulfilled the obligations imposed by law. It punishes them not for lacking connection to Italy, but for being blocked by administrative dysfunction. The constitutional, legal, and moral response is clear: resist, litigate, and preserve the integrity of jure sanguinis — a cornerstone of Italy’s identity and its duty to its diaspora.

Legal alternatives after the 2025 Reform: Why court petitions matter

The 2025 reforms have made it harder to claim Italian citizenship by descent through consular channels, but for many, legal action remains a powerful alternative .

Why file a Court Petition?

If you’re no longer eligible due to issues like ancestral naturalization, a court petition in Italy allows you to challenge the exclusion. Italian judges have increasingly recognized citizenship rights where administrative procedures have failed—especially when fundamental rights are at stake.

A strategic approach

The legal system remains the most effective channel to restore citizenship rights for many descendants. Court petitions are not only valid, they’re often essential .

Reconnecting Italian Citizenship with identity

Italy’s approach to citizenship by descent has always stood out among other countries, offering a powerful connection for individuals with Italian ancestry to reclaim a part of their heritage. Whether you are a US citizen seeking dual nationality, a descendant from South America retracing your roots, or someone simply curious about Italian culture, the landscape of Italian citizenship is evolving. While the path may be narrower, it remains open to those who can show not only where they came from, but where they truly belong.

If you’re considering claiming Italian citizenship, navigating the latest citizenship laws, or simply unsure whether you still qualify under the new rules, it’s important to start with accurate guidance. Aprigliano International Law Firm is a trusted legal firm dedicated to helping individuals of Italian descent successfully secure their citizenship rights.

If you’re curious to see how the recent changes might affect your situation, you can check your eligibility here . It collects basic information related to eligibility under Italy’s updated frameworks for citizenship by descent, reacquisition, and residency. With decades of experience handling complex applications, whether through Italian ancestry, dual citizenship, or reacquisition, they can guide you every step of the way.