Italian citizenship by descent for those born abroad: the new rules after the Tajani Decree and Law 74/2025

Law No. 74 of May 23, 2025, which converted the so-called Tajani Decree (Decree Law No. 36/2025), introduced a profound change in the rules governing Italian citizenship by descent for those born abroad. The new Article 3-bis of Law No. 91/1992 has effectively redesigned the principle of iure sanguinis (citizenship by blood), limiting the automatic acquisition of Italian citizenship in cases where the person already holds another citizenship from birth.

This is a complex reform that required further clarification from the Ministry of the Interior through two interpretative circulars. Italian Embassies and Consulates themselves have encountered considerable difficulties in applying the new rules, particularly regarding applications from descendants of Italians born abroad.

The end of automatic transmission of Iure Sanguinis

Until recently, anyone born to an Italian father or mother was automatically an Italian citizen, regardless of place of birth or possession of another nationality. Under the new Article 3-bis, this automatism no longer applies to those born outside Italy who already possess a different citizenship—such as that of their country of birth.

However, this does not mean the permanent loss of the right to citizenship, but rather the need to meet certain conditions established by the reform. In other words, acquisition is no longer “by right,” but must instead be recognized following administrative or judicial verification.

When recognition is still possible

The law provides for certain exceptional cases in which a person born abroad may still obtain recognition of Italian citizenship by descent. In summary, the main cases include:

• applications submitted by March 27, 2025: those who had already filed a complete application by that date may have their case processed under the previous regulations.
• appointment scheduled before March 27, 2025: it is sufficient that the municipality or consulate had communicated an appointment date before the deadline.
• pending judicial recognition: legal actions initiated before that date remain valid.
• ancestor with only Italian citizenship: if a parent or grandparent held exclusively Italian citizenship at the time of birth (or at death, if earlier), citizenship may still be transmitted iure sanguinis.
• two-year residence of the parent in Italy: the most innovative and debated provision of the reform requires that the parent, already an Italian citizen, must have resided in Italy for at least two consecutive years after acquiring citizenship and before the birth or adoption of the child.

The two-year residence principle: the new core of transmission

The requirement of two years of actual residence in Italy now stands at the heart of the reform. Only if the Italian parent has fulfilled this period before the child’s birth can citizenship be transmitted as an original right (ex iure sanguinis).

Otherwise, the child born abroad may obtain citizenship only in a derivative form (iuris communicatione), meaning later—if living and residing in Italy together with the parent who has acquired or reacquired citizenship.

This distinction—between original and derivative transmission—marks the end of the automatic recognition that for decades characterized the acknowledgment of Italian citizenship by descent at the consular level.

Practical examples

To better understand:

• If a mother naturalized as an Italian citizen has lived in Italy for at least two years after taking the oath and before her child’s birth, the child is Italian from birth.
• If, instead, the child is born abroad before the mother completes this period, the child is not an Italian citizen from birth, but may become one later by moving to Italy and living with the Italian parent for the time required by law.

Practical implications for those applying for an Italian passport

Anyone now seeking to obtain an Italian passport through recognition of iure sanguinis citizenship must pay close attention to the new requirements.

Many families of Italian descent abroad—for instance, in Argentina, Chile, Brazil, or the United States—will have to prove not only their genealogical line but also the residence conditions established by the new Article 3-bis.

It is likely that, at least initially, procedures at Consulates and Municipalities will be slower and more inconsistent, pending further clarifications from the Ministry.

Conclusions

The Tajani Decree and Law 74/2025 have radically transformed how Italy recognizes citizenship for descendants of Italians born abroad.

The stated goal is to prevent the automatic multiplication of “dormant” citizenships, but the immediate consequence is a more rigid and selective system.

Today, those aspiring to obtain Italian citizenship by descent must follow a more structured path—one based on tangible proof of their connection to Italy.

In this new context, understanding the rules and preparing accurate documentation becomes essential to eventually cross that symbolic threshold separating descent from belonging—and finally apply for one’s Italian passport.

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The content of this article is intended to provide general information on the topic. For doubts or specific cases, it is advisable to seek specialized legal advice tailored to your particular situation.