ITALIAN CITIZENSHIP • JURE SANGUINIS • LEGAL UPDATE
What’s Changed?
Italy’s Court of Cassation, sitting in its highest civil formation, has issued an important ruling on the so-called “minor issue.”
The Court confirmed that a child who was Italian by descent from birth and also held another citizenship from birth did not automatically lose Italian citizenship simply because their Italian parent later naturalised while the child was still a minor.
This is very positive news for many descendants who were previously told that their citizenship line had been broken for this reason.
Who May Be AffectedWhat the Court DecidedTajani DecreeCourt ApplicationsAdministrative ApplicationsFree Consultation
Who May Be Affected
This ruling may be relevant if your Italian ancestor naturalised in another country while the next person in your citizenship line was still under the age of majority.
It is particularly important where that child:
was Italian from birth through an Italian parent;
also acquired another citizenship at birth because they were born abroad; and
was previously considered to have lost Italian citizenship because of the parent’s later naturalisation.
For many families, this was the only issue preventing them from moving forward with an Italian citizenship claim.
What the Court Decided
The Court confirmed that Article 7 of Law No. 555 of 1912 protected a child who held both Italian and foreign citizenship from birth.
In this situation, the child retained Italian citizenship even if the Italian parent later naturalised or lost Italian citizenship.
The Court also clarified that Article 12 applies differently. It concerns a child who originally held only Italian citizenship and later acquired a foreign citizenship through the parent.
This distinction is important because it resolves the central legal question behind the minor issue.
What This Means for Applicants
If you were previously told that your family line was broken solely because an Italian ancestor naturalised while their child was still a minor, your case may now deserve a fresh review.
This does not mean that every minor issue case will automatically qualify.
Your eligibility will still depend on:
the citizenship held by the child from birth;
the date and circumstances of the parent’s naturalisation;
the place of birth and residence of the people in the line;
whether any renunciation took place; and
the current law applying to your application or court case.
A careful review of the full family line is still essential before documents are collected or legal proceedings are started.
The Tajani Decree Still Applies
The new Court of Cassation ruling does not cancel the restrictions introduced by Decree-Law No. 36/2025, converted into Law No. 74/2025, commonly known as the Tajani Decree.
The Court confirmed that the new Article 3-bis does not apply to judicial claims filed before 27 March 2025. Those cases continue to be assessed under the law that applied before the reform.
For applications and court proceedings started after that date, the newer generational and connection-to-Italy requirements may still apply.
This means that a family line may now be considered intact under the minor issue ruling but still need to satisfy the separate rules introduced by the Tajani reform.
Court and Administrative Applications
The ruling is especially significant for judicial cases because it comes from the United Sections of the Court of Cassation and provides an authoritative interpretation of the law.
Administrative authorities, including consulates and municipalities, may still need to update their internal guidance and procedures.
Applicants should therefore avoid assuming that every consulate or comune will immediately apply the ruling in the same way.
For some families, the judicial route may remain the clearest way to have the citizenship line formally assessed.
Free Case Consultation
Were you previously told that the minor issue prevented you from applying?
Your case may now be worth reviewing again.
Aservi Ancestry is offering a free, no-obligation Zoom consultation to discuss your family line, naturalisation dates and the possible effect of this ruling on your citizenship claim.
During the call, we can help you understand whether the minor issue was the main obstacle in your case and whether there may now be a realistic path forward.
This information is general and does not constitute legal advice. Every citizenship case depends on its individual facts, documents, dates and the law applicable at the time of filing.