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.
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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.
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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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Jus Sanguinis X Jus Solis
| Criteria | Jus Soli (Birthplace) | Jus Sanguinis (Bloodline) |
|---|---|---|
| Who qualifies | Born in Italy to non‑Italian parents (with conditions); children born in Italy with no known parents or citizenship | Individuals with Italian parents or grandparents |
| Automatic citizenship | No, except for children born in Italy with unknown parents and no citizenship | Yes, if born to an Italian parent who held citizenship at the time |
| Age‑based option | Can request citizenship at age 18 if resident in Italy since birth | Not age‑dependent; based on proving uninterrupted citizenship line |
| Residency requirement | Must have lived in Italy since birth; or return to Italy for 3 years if moved abroad before 18 | None for recognition abroad; residency required only for certain declarations |
| Language requirement | B1 Italian required when applying after returning to Italy | – |
| Special rules | Applies only in limited cases; not a general right | Includes exceptions for women who gave birth before 1948 (court cases possible) |
| Transmission to minors | Not automatic; minors may apply after residency requirements | Italian parents abroad must declare intent within 1 year of birth; otherwise child may apply after 2 years of residency in Italy |
It is important to emphasize that Italian citizenship Jus Solis does not exist. What we are calling “Jus Solis” in this table, may be interpreted as Naturalization. Learn more about Italian citizenship through Naturalization.
What jus sanguinis means for you as an American with Italian heritage
Jus sanguinis—literally “right of blood”—means that as an American with Italian heritage, your eligibility for Italian citizenship depends on whether your ancestry includes an unbroken line of Italian citizens, regardless of where you were born. Instead of focusing on birthplace, Italy looks at whether your Italian ancestor maintained citizenship long enough to pass it to the next generation, making your claim a matter of lineage rather than geography. 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, Americans affected by gender-based limitations or retroactive policies may still pursue legal challenges to secure their citizenship rights.
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.
