Since 2024, the Minor Age Rule, often referred to as the “minor issue”, has created significant obstacles for people seeking Italian citizenship by descent. A strict interpretation of Italy’s former citizenship law caused many applicants to be denied recognition because an Italian parent had naturalized in another country while their child was still a minor.
Many applicants affected by this strict interpretation now have a new opportunity to pursue recognition of their Italian citizenship because of a major ruling by Italy’s Supreme Court and new guidance from the Ministry of the Interior.
What Was the Minor Age Rule?
The decades-old interpretation of Article 7 from former Citizenship Law No. 555 of 1912 stated that a child born outside Italy to an Italian parent could receive Italian citizenship at birth through jure sanguinis (by right of blood). Even if the child also acquired another citizenship at birth through jure soli (by right of the soil). For example, a child born in the United States to an Italian citizen could be both Italian and American from birth. So the understanding was that if the Italian parent later naturalized in another country while the child was still a minor, then naturalization did not cause the child to lose Italian citizenship as that child had already acquired it at birth. Article 12 stated that a minor child could lose Italian citizenship if their parent lost theirs while that child was living in parental care.
The interpretations of these articles changed dramatically in 2024 following a series of restrictive Supreme Court decisions. Considering how Article 7 interacted with Article 12, they started asking whether a child could lose Italian citizenship even when that child was already a foreign citizen from birth based on these Articles. Under the new position, the court said that when an Italian parent naturalized in another country while their child was still a minor, that child’s Italian citizenship is considered to be disrupted. And because that child is usually the next person in the applicant’s citizenship line, this interpretation could break the entire line of citizenship by descent. The Ministry of the Interior followed the Supreme Court’s new interpretation and instructed Italian consulates and municipalities to apply this interpretation through Circular No. 43347, issued on October 3, 2024. As a result, applications that previously would have been recognized and implemented were being denied or prevented from moving forward.
The Supreme Court Shifts Course
On July 26, 2026, the Supreme Court issued Judgment No. 24045/2026, reversing its strict interpretation of the Minor Age Rule. The court drew an important distinction between Articles 7 and 12. Article 7 concerns children who were already Italian citizens from birth and also held another citizenship. For instance, in the example from earlier, a child born in the United States to an Italian citizen they are both Italian and American at birth. Article 12 addressed a different situation involving individuals who initially held only Italian citizenship and subsequently acquired another citizenship. For example, a child who is born in Italy and later moves to the United States and naturalizes as a child. In the new judgment, they decided Article 12 could not be used to deprive a child who was a dual citizen from birth of their Italian citizenship simply because their Italian parent later naturalized in another country. This new ruling is a major shift back toward the interpretation that had governed these cases for decades as a parent’s naturalization does not automatically disrupt a child’s Italian citizenship or break the citizenship line.
The Ministry of Interior’s New Guidance
The Ministry of the Interior issued Circular No. 65050/2026 pm August 10, 2026 instructing Italian consulates and municipalities to put into effect the Supreme Court’s interpretation and replace its previous guidance concerning the Minor Age Rule. This incredibly important change means that qualifying applicants do not have to start the citizenship process over again.
Instead, people whose applications had already been formally denied because of the prior interpretation may ask the same consulate or municipality that issued the original decision to reconsider and reexamine the case under the new legal interpretation. The exact procedures for a reexamination may vary between administrative offices, and applicants should follow the instructions provided by the consulate or municipality handling their case.
What If You Withdrew Your Application or Canceled Your Appointment?
The new administrative review procedure applies to applications that were formally submitted and denied based on the prior Minor Age interpretation. Meaning those who withdrew an application, canceled an appointment, or never completed the process may not qualify for a review. These applicants may still have options, including possibly pursuing recognition judicially and arguing that the prior interpretation prevented them from completing their application. Likewise, individuals who were unable to obtain a consular appointment or remained on a waiting list may need to explore judicial options, with the specific facts and documentation of their circumstances potentially playing an important role.
Why Consider Legal Representation?
If your case has hit obstacles with the “minor issue” or your case falls under one of the other circumstances, having a qualified Italian citizenship attorney by your side during the process can be significant. An attorney will review the original denial and assess whether it falls under the new qualifications to be reviewed. They will identify potential issues with the citizenship history or documentation, assist with formal communications with Italian authorities, and create a tailored legal argument for you if litigation ends up being the direction you need to go.
The end of the Minor Age Rule marks a significant change for applicants affected by the former restrictive interpretation, but each case must still be evaluated individually as recognition is not automatic. For those previously denied on this basis, the interpretation may provide an opportunity to have their citizenship claims reconsidered through an administrative review or, where appropriate, judicial proceedings.
If you have any questions regarding your case, need assistance in figuring out if your case is still eligible for recognition, or are seeking legal representation, Italian Citizenship Assistance is here to guide you! Visit them online at www.italiancitizenshipassistance.com or contact them today at [email protected].
