Decree-Law No. 36/2025: Italy Tightens Ancestry Citizenship Law

On March 28, 2025, the Italian government enacted an emergency decree—Decree-Law No. 36/2025—that introduced major Italian citizenship changes affecting how citizenship by descent is recognized. Known as the “Citizenship Package,” this new law was passed with little advance notice and has created uncertainty for many individuals and families pursuing Italian citizenship.

For many applicants, this process represents more than just a legal status—it’s a meaningful way to reconnect with family heritage and cultural identity. With the new requirements in place, some who were in the middle of applying may now face unexpected challenges.

At ITAMCAP, we understand the significance of these changes, and we’re committed to helping you navigate them with clarity, guidance, and support.

What Changes Were Made to Italian Citizenship Law?

The decree introduces substantial limitations on the recognition of citizenship by descent (jure sanguinis) for individuals born abroad:

1. Cutoff Date for Recognition
   Only individuals who submitted their application—including the required documentation—to a consulate, municipality, or italian court before 11:59 p.m. (Rome time) on March 27, 2025, will be considered under the previous laws.
2. New Restrictions on Descent-Based Claims
   Individuals born abroad who also hold another citizenship are now considered never to have acquired Italian citizenship, unless one of the following exceptions applies:

• • Their application was submitted in full before the March 27 deadline.
  • Their citizenship was recognized by a court based on an application filed before the deadline.
  • A parent or adoptive parent who is a citizen was born in Italy.
  • A parent or adoptive parent who is a citizen lived in Italy for at least two continuous years before the applicant’s birth or adoption.
  • A first-degree ascendant of the applicant’s parent or adoptive parent was born in Italy (such as applicant’s grandparent, but not a great-grandparent).

3. Changes to Legal Proceedings
   The decree also modifies how citizenship-related court cases are handled:

• • Testimony and witness oaths are no longer permitted in these cases unless explicitly allowed by law.
  • Petitioners must now prove the absence of any legal grounds for non-acquisition or loss of citizenship.

Are the Changes to Italian Citizenship Law Permanent?

Although the new rules are in effect, they are not permanent unless confirmed by Parliament. According to the Italian Constitution, emergency decrees must be converted into law within 60 days. If Parliament does not act, the decree will expire retroactively.

During this 60-day window, Parliament has the authority to:

• Approve the decree as is
• Reject it entirely
• Amend or modify its contents

Legal challenges are also expected. Many advocates and legal experts are questioning whether such sweeping changes meet the constitutional requirements for emergency lawmaking.

Why Did the Italian Government Change the Citizenship Law?

The preamble to the decree outlines several key concerns:

A large and growing number of citizenship requests from individuals with limited or no ties to Italy

• Strains on administrative resources, especially at consular offices and municipal offices abroad
• Potential national security concerns related to the automatic transmission of citizenship
• The goal of aligning citizenship recognition with actual cultural, residential, or familial ties to the Republic

In short, the government seeks to limit citizenship to those with substantial, provable connections to Italy, while discouraging claims based purely on ancestry going back multiple generations.

What Happens if You’ve Already Applied for Italian Citizenship?

If you’ve already submitted your application before March 27, 2025, your case is not currently affected. However, there is still uncertainty about how and where pending applications will be processed. Some consulates may be pausing appointments in response to the decree.

If your citizenship was already granted, rest assured—your status remains valid under the new law.

Here’s What You Can Do

We may be facing uncertain times, but your voice matters. At ITAMCAP, we urge you to consider taking action in the days ahead.

• Sign the Petition: Join thousands of outraged descendants of Italians worldwide by signing the online petition opposing the decreto legge (decree law). This is a critical moment to show the Italian Parliament that the global Italian community is watching, united, and engaged.

• Contact Italian Representatives: Let Italian lawmakers know that this decree does not reflect the will of the people—either in Italy or abroad. Send letters or emails to Italian consulates and members of Parliament voicing your opposition and urging them to revoke or revise the law.

• Apply Immediately if You’re Eligible: If you have a parent or grandparent born in Italy and have not yet submitted your application, consider applying right away. Acting quickly may help protect your eligibility in case the decree is formally converted into law.

• Don’t Give Up if You’re Affected: If your claim is based on a great-grandparent or earlier ancestor, monitor the 60-day parliamentary period closely. There is still a real possibility that the decree will be overturned, amended, or expire without becoming permanent.

• Stay Informed: Legal experts, advocacy organizations, and even some members of the Italian Parliament are actively challenging the decree’s legitimacy. We are tracking these developments closely and will keep you informed as the situation evolves.

Frequently Asked Questions About the Italian Decree

1. Is the decree already in force?   

Yes, the Decree-Law is already into force but has an emergency nature, therefore, it is valid on a provisional basis. The text needs to pass through the Italian Parliament in the next 60 days to become law. Until then, the scenario continues to move and there are real chances of change. We are following each step closely.

2. I have my case filed. Does it affect me?   

If your process was filed before the official publication of the decree, you will not be impacted. Those who already have a protocol number or hearing scheduled are insured by the previous rules.

3. My process has been sent, but I have not yet received a protocol number. What now?   

Rest assured, in many cases, the number takes time to be issued, but what matters is the actual date of the filing with the court. If this step has already happened, you are protected.

4. I have all the documentation ready. Should I file now?   

We know how long you’ve waited for this moment, but the ideal now is to wait a few days. Our legal team is reviewing it on a case-by-case basis to ensure that no one takes unnecessary risks.

5. I have a minor child who is not yet in the process. Does he lose the right?   

It depends. Under the new decree-law, minor children of Italian citizens are subject to the same rules as adults, therefore it depends on their relation to the Italian born. If it was a great grandparents or more, they now do not qualify. This is a new complication, therefore, our recommendation is: contact us to evaluate the best path together.

6. My son was born after I sent the documentation. Is he covered?   

This is a common and totally understandable question. It all depends on the current stage of your process. Therefore, our recommendation is: contact us to evaluate the best path together.

7. I already have citizenship, but my children don’t yet. Are they at risk?   

If you have already been recognized as an Italian citizen and have registered your children with the consulate (via AIRE), they are protected. If you have not yet registered them, our legal team can advise you on how to proceed.

8. I have citizenship by marriage. Will I be affected?   

So far, the decree does not mention direct changes for marriage cases. But we remain attentive to any movement and will bring updates as soon as there is news.

9. My hearing is already scheduled. Will it happen?  

Yes, if your hearing is officially scheduled, it will proceed normally. The decree does not have retroactive effect for processes already formalized.

10. I am a great-grandson and I have not yet entered. Do I lose the right?   

This is one of the groups that may be affected, if the decree becomes law as it is. But remember: it has not yet been approved and is being widely questioned in Italy. We are following everything closely and you are not alone.

11. Is this new rule legal?   

Several experts and institutions are questioning the constitutionality of the decree, especially for trying to restrict an ancestral right. Our legal team already works to ensure that our clients’ rights are protected — as we have done in the past with maternal cases.

12. I started the process alone. Can I include family members now?   

If the process is not yet finalized, there is the possibility of including family members through complementary petitions. Contact us to assess the feasibility.

13. I have already started to gather the documents. Should I stop?   

Not at all! Continue the preparation. If the scenario adjusts in the coming days, you’ll be ready to act quickly — and that makes all the difference.

14. What is ITAMCAP doing right now?   

We know how much this moment stirs dreams and plans. That is why we are mobilized on all fronts: monitoring the Italian Parliament on a daily basis, legally evaluating the constitutionality of the decree, and encouraging community action through our Change.org petition to oppose the permanent adoption of Decree-Law No. 36.

We’re Here for You

At ITAMCAP, we understand that these sudden Italian citizenship changes may leave you feeling uncertain about where you stand. If you’re unsure how the new decree affects your case, we encourage you to reach out. As experts in dual Italian citizenship, our team is here to assess your specific situation and provide the guidance you need.

While the decree is currently in effect, it is not yet permanent law, and there is still time for it to be overturned, amended, or expire. We’re actively reviewing every client’s case and will continue to share updates as new information becomes available.

You don’t have to navigate this alone. Whether you’ve already started your application or are just beginning to explore your eligibility, we’re here to support you with clarity, experience, and care.