By Micaela Rodera, lawyer specialized in immigration law
In March of this year, the Italian government approved Decree Law No. 36/2024, which introduced important changes in the procedures for recognition of Italian citizenship iure sanguinis, that is, by offspring. The new provisions, promoted by the administration of Giorgia Meloni, have generated a strong impact among the millions of descendants of Italians in the world, especially in countries such as Argentina, where interest in this right remains in force and growing.
One of the most discussed changes is the requirement that the Italian citizen transmitting nationality must have died being exclusively Italian citizen, without having acquired another nationality such as Argentina, even if such naturalization occurred after the birth of the interested child or grandson. This new interpretation leaves out many people who previously had clear possibilities of accessing citizens.
It is also required that marriages with Italian citizens are legally enrolled in Italy to generate valid legal effects. And even if those who have obtained a consular shift before March 27, 2025 can be called with the previous regime, the new requests will be subject to the most restrictive conditions.
Exceptions for minor children
Within the new regime, a relevant exception is contemplated: the minor children of Italian citizens will have time until May 2026 to be included through the FAS IT portal (air system). This period runs for those already born. In the case of children who are born later, they will have a year from birth to be registered and recognized as citizens.
This window does not apply to children over 18, who must meet the ordinary requirements of the decree and could be achieved by the new restrictions, so it is essential to advise themselves in advance.
The June 8 and 9 referendum: a crucial decision:
The text will be subjected to a repeal referendum on June 8 and 9, 2025 for residents in Italy. Italian citizens who reside abroad and are registered in the air system will vote by correspondence, and the envelope with their vote must reach the corresponding consulate before June 5, 2025. This mechanism of direct democracy, provided for in article 75 of the Italian Constitution, will allow citizens to vote for maintaining or repealing the decree Law 36/2024.
In order for the referendum to be valid, at least 50% plus one of the citizens enabled to vote must participate. If the “no” is imposed (that is, if the citizens reject the decree), the norm would be without effect and would re -govern the previous legislation. If the “yes” is won or the necessary quorum is not reached, the decree will be firm.
Who can vote from the outside?
Italians resident abroad and registered in the air system have the right to vote by correspondence. It is essential that they maintain their updated data in the corresponding consulate to receive the electoral documentation on time and be able to exercise their right.
Our work as a specialized study
From our legal study – specialized in Italian citizenship and immigration law – we accompany families throughout the process: from the evaluation of the case and documentation analysis to consular or judicial management, including the registration of minor children through the air portal.
We understand that this new legal framework has generated doubts and insecurities. Therefore, we focus on providing personalized, honest and updated advice, adapted to each family situation. Having adequate legal orientation can make a difference between successfully progressing or being excluded by a technical detail.
Conclusion
We are going through a turning point in the history of Italian citizenship by offspring. Current political decisions directly affect thousands of families seeking to reconnect with their roots. The June referendum will be decisive to define the course of this legislation. Meanwhile, it is key to stay informed and act with legal responsibility to protect a right that, for many, represents an invaluable family legacy.
Contact data
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