🇮🇹 Italian Citizenship Reform 2025 and Constitutional Court Ruling No. 63/2026: What Changed, What the Court Confirmed, and What It Means for Families and Minors

A Historic Turning Point in Italian Citizenship Law

Italy’s citizenship system underwent one of its most dramatic transformations in 2025. For decades, Italian citizenship by descent (iure sanguinis) was known for allowing descendants of Italians abroad to claim citizenship through even distant ancestry, provided the bloodline remained legally unbroken.

That changed with the introduction of Decree-Law 36/2025, later converted into Law 74/2025.

The reform introduced:

• generational limits,

• stricter residency requirements,

• new rules affecting minors,

• and tighter conditions for citizenship transmission abroad.

Then came Constitutional Court ruling No. 63/2026, which reviewed whether these changes violated constitutional principles.

The Court’s decision confirmed the legality of the reform and officially established a new era in Italian nationality law.

🇮🇹 PART 1 — THE 2025 CITIZENSHIP REFORM

The 2025 reform aimed to reduce what the Italian government described as:

• excessive expansion of citizenship claims abroad,

• administrative overload in consulates,

• and “weak connections” to Italy among distant descendants. (The Guardian)

The result was one of the strictest changes to Italian citizenship law in modern history.

⚖️ 1. The End of Unlimited Generational Citizenship

Before 2025, many applicants successfully obtained Italian citizenship through:

• great-grandparents,

• great-great-grandparents,

• and even earlier ancestors.

The reform introduced Article 3-bis into Law 91/1992, fundamentally changing this principle. (Reddit)

Under the new framework, a person born abroad who already possesses another citizenship is generally considered never to have automatically acquired Italian citizenship unless specific conditions apply.

In practice, citizenship transmission is now largely limited to cases involving:

• parents born Italian,

• or grandparents born in Italy. (The Guardian)

This dramatically narrowed eligibility for diaspora communities worldwide.

🌍 2. Migrants and Descendants Abroad Became the Main Target of the Reform

The reform primarily affects people born outside Italy.

This includes large Italian-descendant communities in:

• Argentina,

• Brazil,

• the United States,

• Canada,

• Australia,

• and African diaspora communities with historic Italian migration ties.

For many families, ancestry often traces back three or four generations, meaning thousands of previously eligible applicants may no longer qualify.

📄 3. Stricter Documentation and Administrative Controls

The reform also increased scrutiny over citizenship applications.

Applicants now face:

• stricter lineage verification,

• tighter documentary consistency checks,

• more rigorous interpretation of civil records,

• and additional residency-based conditions. (Foreign Affairs Ministry)

Even small inconsistencies in names, dates, or registration history may now cause delays or rejection.

👶 4. Major New Rules Affecting Minors and Children

One of the least understood—but most important—parts of the reform concerns children and minors.

The law now distinguishes between:

• children born in Italy,

• children born abroad,

• children born before parental naturalization,

• and children born after parental acquisition of citizenship.

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🇮🇹 Children Born in Italy Shortly After Parents Arrive

Italy still does not operate a full jus soli system (automatic citizenship by birthplace alone).

So:

• a child born in Italy to foreign parents does not automatically become Italian,

• but children born and raised legally in Italy still maintain important protections.

If the child resides continuously and legally in Italy, they may still apply for citizenship at age 18 under existing provisions.

This pathway was not abolished by the 2025 reform.

👨‍👩‍👧 5. Minors Born BEFORE a Parent Acquires Italian Citizenship

This area changed significantly.

Previously, minor children often acquired citizenship automatically together with the parent.

Under amended Article 14 of Law 91/1992, new residency requirements now apply. (Consulate of Italy Adelaide)

A minor child may acquire citizenship together with the parent only if:

• the child is legally cohabiting with the parent,

• and has legally resided in Italy for at least two continuous years at the moment the parent acquires or reacquires citizenship,

• or, if under age two, has lived in Italy since birth. (Consulate of Italy Adelaide)

🧩 Practical Example

Imagine:

• parents move to Italy in 2023,

• a child is born in Italy in 2024,

• and the parent becomes Italian in 2026.

If the child:

• has continuously resided legally in Italy,

• and meets the new residence conditions,

the child may still acquire citizenship with the parent. (conssanfrancisco.esteri.it)

🌍 6. Children Born Abroad After Parent Naturalization Face Tougher Rules

The reform became much stricter for children born abroad after a parent acquires Italian citizenship through:

• naturalization,

• marriage,

• residency,

• or later recognition procedures.

The transmitting parent must now generally:

• either be exclusively Italian,

• or have resided continuously in Italy for at least two years before the child’s birth. (Consulate of Italy Adelaide)

This is one of the most controversial aspects of the reform because it moves citizenship transmission away from automatic inheritance and toward “demonstrated connection to Italy.”

⚠️ 7. New Deadlines and Declarations for Minors Born Abroad

Another major change introduced after May 2025 concerns minor children born abroad to Italian parents.

Under the new framework:

• citizenship transmission may no longer be treated as fully automatic in some cases,

• and parents may now need to file formal declarations within strict deadlines. (YouTube)

General interpretations currently being applied include:

• children born after the reform often require declaration within one year of birth,

• while some transitional cases involving existing minors were given temporary deadlines extending into 2026. (YouTube)

This area remains legally controversial and subject to ongoing interpretation.

⚖️ PART 2 — CONSTITUTIONAL COURT RULING NO. 63/2026

After widespread criticism and legal challenges, Italy’s Constitutional Court reviewed the reform.

Many expected parts of the law to be overturned.

That did not happen.

✔️ 1. The Constitutional Court Upheld the Reform

The Court confirmed that:

• Parliament had authority to restrict citizenship transmission,

• the reform was constitutionally valid,

• and Italy may impose stricter requirements for citizenship by descent.

This officially confirmed the legality of the new framework.

❌ 2. The Court Did NOT Restore the Old System

The ruling did not:

• restore unlimited ancestry claims,

• remove the two-generation limitation approach,

• or fully protect pending applicants from the new rules.

The old broad interpretation of iure sanguinis was therefore not reinstated.

⚖️ 3. The Court Indirectly Approved Residency Conditions for Minors

Although the Court mainly focused on citizenship transmission abroad, its ruling indirectly reinforced Parliament’s power to impose:

• residency conditions,

• cohabitation requirements,

• and administrative obligations affecting minors.

As a result, the stricter conditions introduced in 2025 for children born before or after parental acquisition remain largely in force.

🌍 4. Retroactive Effects Remain One of the Biggest Controversies

One of the most disputed issues remains retroactivity.

The reform affects some:

• pending applications,

• ongoing court cases,

• and previously expected future rights.

The Constitutional Court did not completely eliminate these effects, leaving continued uncertainty for families already in process. (The Guardian)

⚠️ Who Is Most Affected by These Changes?

The categories most impacted include:

• Descendants relying on great-grandparents or earlier ancestry

Many are now excluded.

• Families with children born abroad after naturalization

Especially where the Italian parent lacks the required two-year Italian residence history.

• Pending applicants

Cases not finalized before the reform may still face reassessment.

• Migrant families navigating parental naturalization

Particularly those with young children born shortly before or after citizenship acquisition.

🧭 What the Reform Reveals About Italy’s New Citizenship Philosophy

The reform signals a major policy shift.

Italy is moving away from:

• citizenship as indefinite ancestral inheritance,

toward:

• citizenship based on closer generational ties,

• legal residence,

• and demonstrable connection to Italy.

The emphasis is no longer simply bloodline—but proximity and integration.

📌 Final Conclusion

The 2025 citizenship reform and Constitutional Court ruling No. 63/2026 together mark a historic transformation in Italian nationality law.

Citizenship by descent still exists—but under far stricter conditions.

For migrants, descendants abroad, and families with minor children, understanding:

• residency requirements,

• timing,

• parental status,

• and place of birth

has now become more important than ever.

The era of broad and almost unlimited ancestral recognition has largely come to an end, replaced by a system focused on closer connection to Italy and tighter legal control.