Updated requirements for jure sanguinis Italian citizenship in 2026

The access to cidadania italiana jure sanguinis in 2026 changed significantly after the Tajani Decree (DL 36/2025, converted into Law 74/2025): the consular route became restricted and the judicial path in Italy became the main itinerary for most applicants. Below is a practical overview with criteria, documents, and steps for those seeking recognition of the right.

Panorama generale: consular restrictions and focus on the judicial path in Italy

Since 2025 the consular route for citizenship requests has undergone restrictions. The Tajani Decree (DL 36/2025, converted into Law 74/2025) restricted consular operations and, according to the Decree text and official communications, the consular route was limited mainly to children and grandchildren, while great-grandchildren and later generations generally could no longer obtain consular recognition. The Decree also restricted, in most cases, administrative recognition by the comuni.

Important: the Decree declares retroactive effects at birth for certain categories — that is, the provision has scope over the MATERIAL RIGHT of people born outside Italy who are not children or grandchildren of Italians, stating that these people were never Italian. This retroactivity affects the right itself and should not be confused with mere application to filed processes; the issue is central to constitutional debate and decisions of the Sezioni Unite (source: DL 36/2025; Corte di Cassazione; Cortes constitucionais and legal publications).

• Who can apply: basic eligibility criteria by bloodline

• Applicants who prove an uninterrupted line of citizenship by blood (father/mother/grandfather/grandmother), without formal renunciation of the right to transmission.
• The consular route remained restricted mainly to children and grandchildren of Italians, per the Tajani Decree (DL 36/2025 / Law 74/2025). For great-grandchildren and later generations, the consular route was substantially limited, often making judicial recognition in Italy necessary.
• Note the “minor issue” (Art. 12 §2 of Law 555/1912): the automatic loss of citizenship for CHILDREN WHO ARE MINORS when the father naturalized abroad remains a pivotal point in paternal transmission cases (source: Law 555/1912).

Updated Documentation: certificates, civil status, Acts, translations and apostilles

• Basic documents:

  • Applicant’s birth certificate and birth certificates of all ancestors in the transmission line.
  • Marriage and death certificates where applicable.
  • Proofs of Italian nationality of the ancestor (Italian certificates, AIRE registration, Italian civil documents).
  • Proofs of naturalization or non-naturalization of ancestors in their countries of destination (official documents from the country where they immigrated).

• Formalities:

  • Apostille of Hague for documents issued by signatory countries.
  • Sworn translation into Italian by a translator authorized in Italy.
  • In cases requiring validation or consular legalization, check the instructions of the competent consul, bearing in mind that after DL 36/2025 consular competence for jure sanguinis requests is substantially limited to generations beyond children/grandchildren.

• Deadlines and regional variations

  • Procedural timelines vary by court and Italian region; trials in large centers tend to have longer backlogs. For estimates, consult lawyers and recent coverage in /noticias that cover regional courts.

• Tips to avoid delays

  • Organize the file with legible copies and originals; verify consistent names and spellings across all certificates.
  • Anticipate requests for historical certificates at regional registries and ecclesiastical archives.
  • Check the validity of apostilles and translations before filing.

The role of the judiciary in Italy: steps of the process and competent bodies

• Main steps:
  1. Initial consultation with an Italian specialist lawyer.
  2. Document preparation and translation/apostille.
  3. Filing the recognition of citizenship action in the competent ordinary court (Tribunale).
  4. Evidence gathering, hearings and eventual recognition ruling.
  5. Registration of the ruling with the Uffici dello Stato Civile in Italy to issue the citizenship certificate.
• Competent bodies:
  • Local Tribunale ordinario for recognition actions.
  • Corte di Cassazione for appeals; the Sezioni Unite have binding authority on interpretation matters (source: Corte di Cassazione).
• Estimated costs
  • Do not provide fixed amounts without a specific source; typical costs include attorney fees, court fees, and translation/apostille costs. Consult lawyers for updated budgets. Reports in /noticias frequently provide regional estimates.
• Possible obstacles and nuances
  • Obstacles arise from missing certificates, name spellings inconsistencies, old naturalizations not registered, and interpretation of the retroactivity of DL 36/2025. Engaging an experienced professional reduces procedural risks.

Frequently asked questions: eligibility, document generation, and revalidation

• Can I apply if I am a great-grandchild? In many cases the consular path for great-grandchildren was substantially limited; the path is generally the judicial route in Italy (DL 36/2025 / Law 74/2025; source: Ministry of the Interior).
• What if the ancestor naturalized abroad? Specific rules apply, such as the “minor issue” of Law 555/1912; each case requires documentary analysis.
• How to track progress? The attorney in Italy can check the process at the court; official judicial portals and communications from the attorney are the primary sources.
• Impact for those residing in Brazil: practical next steps
  • Gather and apostille documents in Brazil in advance.
  • Schedule a consultation with an Italian attorney for a prior assessment.
  • Monitor news and changes in /noticias and practical information at /vida-na-italia.

Expert advice, official sources and how to avoid scams

• Practical tips:
  • Prepare a complete dossier with onomastic consistency.
  • Do not trust promises of easy recognition via the consulate or comune without juridical confirmation: since 2025 there has been strong administrative restriction.
  • Seek specialized Italian representation and verify references.
• Official sources and reliable press:
  • Text of DL 36/2025 / Law 74/2025 (Tajani Decree) and publications from the Ministry of the Interior and the Ministry of Foreign Affairs.
  • Corte di Cassazione and Court of Constitutional Court for relevant judicial decisions.
  • Journalistic coverage: Corriere della Sera, Il Sole 24 Ore and reports in /noticias from Raízes Italianas.
• How to avoid scams and misleading offers:
  • Be wary of guarantees of success, short deadlines without document analysis, or upfront payments to accounts without a contract.
  • Require a service agreement detailing activities and budget.

In conclusion, in 2026 the path to jure sanguinis Italian citizenship is centered on the judicial route for most cases due to the restrictions of the Tajani Decree (DL 36/2025 / Law 74/2025). Gather complete documentation, consult Italian lawyers, and monitor decisions from the Sezioni Unite and the Ministry of the Interior as essential steps to assess the viability of recognition. For general information on the topic and updates, follow /cidadania and the latest publications in /noticias.