⚠️ Important Notice: (Updated as of July 27, 2026)

The legal landscape governing Italian citizenship jure sanguinis is actively shifting. On July 26, 2026, the Italian Supreme Court (Sezioni Unite) officially overturned the October 2024 "Minor Issue" policy, ruling that children born in jus soli countries retained their birthright citizenship even if their Italian parent naturalized while they were a minor. As such, this has introduced changes that may affect your eligibility. However, administrative implementation is still pending. Review the breakdown below or schedule a consultation to understand how this impacts your specific case. We recommend reviewing the most recent updates on our website or booking a consultation to understand how these changes apply to your case.

The "Minor Issue" Overturned & The Road Ahead

On July 26, 2026, Italy’s Supreme Court (Corte Suprema di Cassazione – Sezioni Unite) issued a landmark ruling officially overturning the October 2024 "Minor Issue" interpretation. Children born in jus soli countries (such as the United States) are now reaffirmed to have retained their birthright Italian citizenship, even if their Italian-born parent naturalized while they were still a minor.

What was the “Minor Issue”?

In October 2024, the Italian Ministry of the Interior issued Circolare No. 43347, which instructed consulates and administrative offices to re-examine Article 12 of Law 555/1912. Under that directive, if an Italian parent naturalized in a foreign country while their child was still under age (under 21 prior to March 9, 1975; under 18 thereafter), the minor child was presumed to have automatically lost Italian citizenship alongside the parent.

This administrative interpretation had abruptly blocked thousands of valid ancestral lines across the Italian diaspora.

The July 2026 Supreme Court Ruling (Sezioni Unite)

In late July 2026, the United Sections of the Italian Supreme Court—Italy’s highest judicial authority tasked with unifying conflicting legal interpretations—ruled definitively on the matter:

• Birthright Citizenship Preserved: Children born abroad in jus soli countries acquired dual citizenship at birth by operation of law.

• No Involuntary Loss: A parent’s subsequent foreign naturalization during the child's minority did not cause the minor child to lose their inherited Italian citizenship.

Important note: Consulates and local Italian towns (comuni) run on administrative directives, not judicial rulings. They cannot resume processing Minor Issue lines until the Ministry of the Interior formally cancels or updates Circular No. 43347 by issuing a new administrative circolare.

What this means for you: The "Minor Issue" is no longer an active legal barrier in court, as Italian law now recognizes that these ancestral lines remained intact despite a parent’s naturalization. However, if you are applying through a consulate or Italian town (comune), administrative offices must wait for the Ministry of the Interior to issue a new circolare before they can begin approving these cases.

Where Things Stand: Law 74/2025 & The European Court of Justice

While the "Minor Issue" hurdle has been cleared, applicants must still navigate Law No. 74/2025 (enacted in May 2025).

Among other provisions, Law 74/2025 introduced:

• The Ancestral Exclusivity Requirement: Applicants must show that their Italian-born parent or grandparent held exclusively Italian citizenship at the time of the applicant’s birth (or at the time of their death, if they passed prior to the applicant's birth).

• Generational Scope: Recognition jure sanguinis is restricted to descendants of an Italian-born parent or grandparent.

Active Legal Challenge

On July 23, 2026, Italy’s Constitutional Court (Corte Costituzionale) formally referred Law 74/2025 to the Court of Justice of the European Union (CJEU). The CJEU will evaluate whether retroactively stripping or restricting originative citizenship rights violates fundamental European Union law.

Note: CJEU proceedings typically take 12 to 18 months to reach a resolution.

What Should You Do Next?

The legal landscape surrounding Italian citizenship by descent is evolving rapidly.

• If your line was blocked solely by the Minor Issue: The Supreme Court ruling restores your line's legal continuity. For judicial court claims, your path forward is clear. For consulate or comune applications, your file will be ready to process as soon as the Ministry of the Interior releases its new administrative circolare.

• If your line is impacted by Law 74/2025: While we await the European Court of Justice (CJEU) ruling on the two-generation cap, we recommend auditing your family documentation now so your file is fully prepared as judicial decisions take effect.

• Stay Informed: Subscribe to our BecomeItaliani Newsletter for direct updates on consulate implementations and European Court proceedings.

• Book a Consultation with our Attorney and Team: If you would like our attorney and team to review your specific family tree under the newest rulings, Schedule a Case Assessment with BecomeItaliani.

Disclaimer: BecomeItaliani is not a law firm, and the information provided here does not constitute legal advice or a legal interpretation of current laws. Laws, regulations, and interpretations are subject to change at any time, and the information shared is for general informational purposes only. For specific legal advice or assistance, please consult with a qualified legal professional. While we strive to provide accurate and up-to-date information, we cannot guarantee its completeness or applicability to your unique situation.