Italian citizenship by descent after Law 74/2025: who can still get it

Before 2025, Italian citizenship passed by descent with no limit on generations ⁸. Decree-Law 36 of 28 March 2025, converted into Law 74 of 23 May 2025, added article 3-bis to Law 91/1992 ³.

The new rule says that anyone born abroad, even before the article came into force, who holds another citizenship is treated as never having acquired Italian citizenship, unless one of the conditions of the article is met ¹. If you were born in Argentina, Brazil, Uruguay, Venezuela or any other country and hold that citizenship, the rule reaches you.

Law 74/2025 has applied since 24 May 2025 ³.

Article 3-bis, paragraph 1, lists the exceptions ¹:

Letter	Condition
a)	Your citizenship is recognised, under the rule in force on 27 March 2025, on an application with the required documents filed with the consulate or the mayor by 23:59 (Rome time) that day
a-bis)	Same as above, but the application is filed on the day of the appointment the office notified to you by 23:59 (Rome time) on 27 March 2025
b)	A judge recognises your citizenship in a case filed by 23:59 (Rome time) on 27 March 2025
c)	A first or second degree ancestor (parent or grandparent) has, or had at death, exclusively Italian citizenship
d)	Your parent or adopter lived in Italy for at least two years in a row after acquiring Italian citizenship and before your birth or adoption

The Consulate General in Buenos Aires clarifies that applications under letters a) and a-bis) that were not accompanied by the required documents are subject to the new rule ³.

For letter c), the Ministry of Foreign Affairs names as evidence negative certificates of other citizenships, renunciations of foreign citizenships and certificates of non-registration on foreign electoral rolls; for letter d), the historical certificate of residence in Italy ². The Embassy in Montevideo clarifies that the exclusively Italian citizenship of the parent or grandparent is looked at on the date of your birth, or on the date of their death if they died earlier ⁵. If your parent or grandparent naturalised in the country of arrival, they no longer had exclusively Italian citizenship, and letter c) does not help you through that line.

These exceptions add to the earlier rules of transmission. For example, transmission through the mother is only recognised for children born from 1 January 1948 ². Each recognition application for an adult pays a contribution of 600 euros ².

The Court of Turin took article 3-bis to the Constitutional Court. In ruling 63/2026, decided on 11 March and filed on 30 April 2026, the Court declared some questions unfounded and others inadmissible ⁶.

According to the Court, the rule does not remove a citizenship already recognised: it establishes from the start that it was not acquired, and it reasonably balances the trust of those concerned with the principle of an effective link with Italy ⁶. The Court found it reasonable to protect anyone who had already filed an application, administrative or judicial, or had received the appointment, and left open the question of anyone who filed an application without having received that appointment ⁶.

On 23 July 2026, with order 147, the Court sent a preliminary question to the Court of Justice of the European Union in cases from the courts of Mantua and Campobasso ⁸. It asks whether articles 9 TEU and 20 TFEU, on Union citizenship, preclude a rule like article 3-bis ⁸. The Court repeated its position from ruling 63/2026, so the rule stays in force while Luxembourg decides ⁸.

Law 74/2025 added two routes by declaration for minors ^{2 4}:

• Children of a citizen by birth (art. 4, paragraph 1-bis). The minor acquires citizenship if the parents or guardian file a declaration within three years of birth, even if the child keeps living abroad. After three years, the minor must reside legally in Italy for at least two years in a row ².
• Transitional rule. Declarations can be filed until 23:59 (Rome time) on 31 May 2029 for those who were minors on 24 May 2025 and are children of citizens by blood under letters a), a-bis) and b) ². The Consulate in Buenos Aires repeats that peremptory deadline of 31 May 2029 ⁴.

In Buenos Aires the procedure starts with registration on FastIt, continues with an email to the consulate and ends with an appointment on Prenot@mi for the service of acquisition by operation of law, with both parents present ⁴. The consulate states that this procedure has no cost ⁴.

If you fall into none of the cases, you have other routes to live in Italy, such as entry for work outside the quotas for descendants of Italians who hold citizenship of Argentina, Brazil, Uruguay, Venezuela and three other countries ⁷. That route gives you a work and residence permit.

The Ministry of Foreign Affairs also reports a window for reacquisition, from 1 July 2025 to 31 December 2027, for former citizens born in Italy or who lived there for at least two years in a row and who lost citizenship up to 15 August 1992, for example by naturalising in another country. It does not apply to anyone who renounced or lost it from 16 August 1992, and the declaration pays a contribution of 250 euros ². Check with a lawyer whether your parent's or grandparent's case fits.