Italian jure sanguinis citizenship in 2026: requirements, documentation, and updated judicial paths

In 2026, the recognition of Italian jure sanguinis citizenship changed significantly after the Tajani Decree (DL 36/2025, converted into Law 74/2025): the administrative consular route and direct recognition in many comuni were heavily restricted, making the judicial path the workable route for a large portion of descendants. According to official communications and coverage by the Italian press (Corriere della Sera; ANSA), the decree began to limit who could be recognized outside Italy, and the issue of retroactivity remains the subject of challenges in higher courts.

Overview: what changes in 2026 and why the judicial path remains active

• The Tajani Decree (DL 36/2025 / Law 74/2025) restricted the possibility of administrative recognition in consulates and, in practice, made administrative recognition at the comuni impossible in most cases. According to the Ministry of the Interior and reports by La Repubblica and Corriere della Sera, the consular path was limited to children and grandchildren of Italians; later generations lost direct consular access.
• The measure introduces retroactive effects of a material nature on the right to citizenship: the decree states that people born outside Italy who are not children or grandchildren of an Italian cannot be recognized as Italian — a issue that has motivated court actions and appeals to higher courts. The Sezioni Unite of the Corte di Cassation play a central role in binding interpretations.
• Therefore, the judicial recognition in Italy remains active: the judicial route was not abolished and is currently the recommended path for many applicants, especially great-grandchildren and more distant generations, even though practical applicability varies by court and region. Important note: actions filed BEFORE the Tajani Decree came into force are protected by the text of the law itself and should not be automatically affected by the new rule (verify with a lawyer).

Who can apply: basic eligibility and criteria of Italian ancestry

• People who have Italian ancestry through either the maternal or paternal line can apply, provided they can document the chain of transmission of citizenship (birth, marriage, and death certificates of the ancestors).
• Attention to the "minor issue" rule (Art. 12 §2 of Law 555/1912): the automatic loss of citizenship for minor children when the father naturalizes abroad remains relevant for some cases and must be evaluated legally.
• For practical details and guidance on assembling the dossier, consult our guide Italian citizenship (complete guide) and the Latest citizenship news.

"Il Decreto-Legge 36/2025, convertito nella Legge 74/2025", establishes restrictions on the consular path and delineates effects on the right to citizenship, including a retroactive material aspect that is under judicial debate.

Essential documentation, translation, and deadlines

• Basic documents: birth certificate, marriage certificate, and death certificate of the Italian ancestors and Brazilian ancestors; certificate of full content when available.
• Certificate of non-naturalization (or negative naturalization certificate) of the Italian ancestor in Brazil: a fundamental piece to prove that citizenship was never lost before transmission.
• Translation and apostille: Brazilian documents require the Apostille of the Hague and sworn translation into Italian. The apostille and translation requirements follow practices accepted by Italian courts; check updated guidance with the consulate or a local attorney.
• Deadlines and validity: recent certificates are recommended; specific validity periods depend on the court/judge and the attorney. Documents issued in Brazil may require time to obtain and send, so plan ahead.

Judicial procedure: steps, selecting a lawyer, and common mistakes

• General steps: collect and legalize documents → file the action with the competent Italian court → procedural instructions (evidence and potential testimonies) → judgment. The process is conducted in Italian and follows civil procedure.
• Costs and time: values and timing vary by region and case; sources such as Italian law firms and ANSA reports show wide variation by court. Avoid quoting amounts without confirmation from your lawyer.
• How to choose legal counsel: prefer Italian lawyers specialized in citizenship/diritto di famiglia, with verifiable track records of similar cases; ask for sentence references and confirm registration with the Italian bar association (Ordine degli Avvocati). Avoid offers that promise guaranteed results.
• Common dossier mistakes: incomplete documents, translations without apostille, absence of the certificate of non-naturalization, mismatches in names (surnames, orthographic variations) without documentary proof.

Content of the archive by generation and legal updates for 2026

• Basic generation-by-generation list (summary):
  • Children/Grandchildren: civil certificates (birth, marriage, death) of the Italian ancestor and of the applicant; certificate of non-naturalization.
  • Great-grandchildren and later generations: the same documentation in chronological chain, with special attention to proof of transmission (full certificates) and to the negative certificate.
• 2026 updates: in addition to DL 36/2025, many comuni adjusted procedures and several suspended administrative recognitions; the judicial path has been the alternative. Practical application varies by court and region.
• Note: always consult official sources and your attorney. The text should not be interpreted as an indication of automatic temporal deadlines (for example, there is no public and verified basis in this version to state that the consular path will be restricted until a specific future date).

Costs, processing time, and monitoring

• Estimated costs: include court fees, attorney’s fees, sworn translation, apostille, and international shipping. Costs vary widely; consult updated quotes.
• Typical time: judicial processes can range from months to years depending on the court. Regional variations are significant: northern and central courts sometimes have different timelines from southern ones.
• How to monitor: the lawyer in Italy should provide the filing date and case number; in many courts you can check progress online with the procedure number. Keep organized copies and log all communications.

Practical impact for Brazilian descendants and alternatives

• Practical consequences: citizenship recognition allows residence, work, and study in Italy and the EU under free movement rules. Assess fiscal benefits, social rights, and local administrative requirements.
• Alternatives and preparations: also consider paths such as marriage to an Italian citizen (specific regimes) or residence for work/study if the judicial path is long; see practical analyses in Life in Italy: practical tips.
• Good practices: keep digital and physical copies updated, organize certificates in chronological order, and consult qualified professionals.

Conclusion In 2026, the landscape of Italian jure sanguinis citizenship requires heightened legal and documentary attention: the Tajani Decree restricted administrative routes and elevated the importance of judicial recognition for many generations. Important: the retroactivity invoked by the decree has material effect on the right (this is not just procedural change) and cases filed before the decree’s effective date are protected by the text of the law; always consult official sources and a specialized attorney. Sources: Tajani Decree (DL 36/2025) (Law 74/2025), Corriere della Sera, La Repubblica, ANSA, statements from the Italian Ministry of the Interior.