Understanding the Changes to Italian Citizenship by Descent (Jure Sanguinis)
Italian immigrants arriving in America, courtesy of Italian Sons and Daughters of America
For many Italian-Americans, citizenship by descent (jure sanguinis) has been more than just paperwork. It has meant reconnecting with their family roots and reclaiming a sense of identity. Italy’s laws around citizenship have changed a lot over the years, following historical events and social shifts. Let's break down these changes simply, so you know exactly where things stand today and why your Italian heritage matters.
Understanding Your Italian Roots
Since Italy became one country in 1861, it has given citizenship based on bloodlines, known as jure sanguinis. This means Italian citizenship naturally passes from parent to child. At first, the laws heavily favored men. If your ancestor, like a great-grandfather, left Italy and never became a citizen of another country, your family could remain Italian citizens through generations.
But things weren't always so simple. If your ancestor chose to become a citizen of another country, they usually lost their Italian citizenship. This also cut off citizenship for their descendants. Another big complication was that before 1948, women couldn't easily pass their citizenship to their children. These old rules created lots of confusion and led to many legal cases, shaping how eligibility is understood today.
Knowing this background helps if you're trying to claim Italian citizenship today. Understanding your family’s history, especially when your ancestor became a citizen of another country or how citizenship passed through your family, is crucial. Having clear documentation about these details can make or break your eligibility.
Key Changes Through History
1861: Italy unified into one nation and created Italian citizenship. Before this, citizenship depended on the individual Italian states. More on Italian Unification
1912 (Law No. 555): Italy made a clear law about citizenship by bloodline, allowing citizenship to pass down through families without limits. But this law strongly favored men, making it hard for descendants through female ancestors. It also said if your ancestor naturalized in another country, it could break your Italian citizenship chain. Read Law No. 555
1948: Italy adopted a new Constitution promoting gender equality. This allowed women to pass citizenship to their children, but only for those born after January 1, 1948. Before that date, children of Italian women and foreign fathers were excluded. Check out Italy's Constitution
1983 (Law No. 123) and 1992 (Law No. 91): Italy further simplified citizenship rules, clearly allowing women equal rights in citizenship matters and fully accepting dual citizenship. These changes made it easier for Italian-Americans whose ancestors had become citizens of other countries to regain their Italian citizenship. Explore Law No. 91
2009 (Court of Cassation ruling no. 4466): Italian courts stepped in to fix gender discrimination from the past. They ruled that even people born before 1948 through an Italian mother could claim citizenship by going through the courts. This ruling opened the door for many descendants previously excluded. Review the 2009 Court Ruling
2023-2024 (Cassation Rulings): Recent court decisions clarified that children could lose citizenship if their Italian parent became a citizen of another country while the child was still underage. This interpretation has tightened eligibility rules, affecting many ongoing applications.
2025 (Decree-Law March 28, 2025): Italy introduced a strict new rule limiting citizenship eligibility. Now, your Italian ancestor must be your parent or grandparent born in Italy, unless your family met special residency conditions. This was a major shift from previous open policies. See the 2025 Citizenship Decree
Where We Stand Today
Today, the rules for Italian citizenship by descent are clearer but stricter. Many people whose Italian ancestors left generations ago face new hurdles. However, if your application was already submitted before March 28, 2025, or if you've been previously recognized, you're still secure.
Make sure your family documents clearly show your ancestor’s citizenship status and lineage details. This careful attention can help you navigate the tighter rules successfully.
Understanding these recent shifts can save time and avoid unnecessary disappointment. Explore alternative paths to residency or citizenship through Italy’s various visa programs. Many opportunities exist to legally spend extended periods in Italy, fostering a deeper connection to your ancestral homeland, even without formal citizenship recognition.
Embracing Your Heritage
Remember, your connection to Italy goes beyond citizenship papers. It’s about your family's history, traditions, and culture. Italy continues to call to you through these powerful ties. No law or regulation changes that.
Let this inspire you to strengthen your connection—learn Italian, cook traditional recipes, visit your ancestral towns, and tell your family’s story. Your identity as part of Italy's global family remains meaningful, genuine, and boundless.
Your Italian identity is real, valid, and meaningful—today and always.