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Jus sanguinis:
Summary

The Jus Sanguinis principle, derived from Latin, translates to “right of blood.” Under this principle, an individual acquires citizenship based on their ancestral lineage. In other words, if you have ancestors from a foreign country, you may be eligible for another citizenship.

On the other hand, Jus Solis, which means “right of soil,” grants citizenship based solely on the place of birth. For instance, the United States and Canada follow jus solis, automatically granting citizenship to anyone born within their territories.

Jus Sanguinis in Italy

Jus sanguinis citizenship is established through blood ties. As of March 28, 2025, this means that one must have an Italian parent or grandparent who was born in Italy. However, an exception applies if a parent legally resided in Italy for at least two years before their child’s birth or adoption. Applicants must prove that their Italian relative held citizenship exclusively at the time of death. 

For more information about Italian citizenship requirements, click on this link.

The current legislation of jus sanguinis

On March 28, 2025, Italy enacted Decree-Law No. 36/2025, introducing major restrictions on jus sanguinis citizenship. The approval of Law No. 74 of May 23, 2025, solidified the new limitations proposed by Decree–Law No. 36/2025. Historically, Italian citizenship recognition had no generational limits, allowing great-grandchildren and further descendants to apply.

The new law restricts eligibility to individuals whose Italian parent(s) or grandparent(s) were born in Italy. If an individual’s parents—but not grandparents—resided in Italy for at least two consecutive years, they may still qualify for citizenship under the eligibility criteria. Additionally, the Italian ancestor must have held Italian citizenship exclusively at the time of their death. This means that if your Italian parent or grandparent naturalized as a citizen of another country, you would no longer be eligible for Italian citizenship.

This law is controversial, as it retroactively regulates past nationality claims, contradicting established legal principles that laws should only govern future events. In fact, the Italian Constitutional Court has ruled in past cases that retroactive restrictions must be proportionate and reasonable.

This suggests that, in the near future, applicants may increasingly turn to the judicial route to challenge unconstitutional changes in citizenship law. For further updates and insights, follow our channels to stay informed.

Here is summary of all the information:

  • Jus Sanguinis, also known as “right of blood,” grants citizenship for those with Italian parents or grandparents born in Italy.
     
  • An exception applies if a parent legally resided in Italy for at least two years before their child’s birth or adoption.
     
  • If you have Italian parents or grandparents, you may be eligible for Italian citizenship by descent (jus sanguinis). To qualify, you must prove that your Italian ancestor held citizenship exclusively at the time of their death.
     
  • Children (or grandchildren) of Italian women who married foreigners and were born before January 1, 1948, do not have the right to recognition. However, there have been successful court trials in favor of those requiring Italian citizenship.
     

For minor children, Italian parents born outside Italy must declare their intent to transmit citizenship to their child within one year of birth or adoption. If this declaration is not made, the child may still apply for citizenship, provided they reside in Italy for at least two continuous years.

Important: As of June 2025, the judicial route is the only available option for obtaining Italian citizenship. While all administrative applications will be centralized within a new governmental body in Italy, the specific procedures and operational framework have yet to be determined.

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Jus Solis in Italy

Italy does not recognize citizenship through Jus Soli. However, individuals born in Italy to non-Italian parents have the option to decide if they want to become Italian citizens. They have one year to make this decision upon turning 18, provided they have lived in Italy since birth.

Additionally, if someone relocated abroad before turning 18, they can acquire Italian citizenship by returning to Italy for three years. Meeting residency requirements and demonstrating certified Italian language proficiency (at least B1 level) are essential for this process.

There is only one specific case in which Jus Soli applies in Italy. If a child is born in Italy with no known parents and without recognized citizenship, they have the right to Italian citizenship through jus soli.

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Navigating Italian citizenship: understanding your options

Jus Sanguinis ties citizenship to ancestry. However, recent legislative changes have introduced stricter eligibility requirements, limiting recognition to second-generation descendants and enforcing exclusive citizenship conditions for applicants. Despite these restrictions, individuals affected by gender-based limitations or retroactive policies may still pursue legal challenges to secure their citizenship rights.

For those navigating the complexities of Italian nationality laws, understanding available legal routes is essential. Whether tracing your family lineage or pursuing judicial recognition, staying informed will help you make the right decisions. In addition, seeking expert assistance can streamline the process and help ensure compliance with evolving regulations.

Begin your journey to Italian citizenship

Take advantage of specialized assistance to secure your passport for a borderless future.