The minor rule Italian citizenship creates a critical barrier that many families overlook when applying for Italian citizenship by descent. When your Italian ancestor became a naturalized citizen of another country while their children were still minors, those children automatically lost their Italian citizenship. This rule can completely block your path to Italian citizenship if not properly addressed. Recent rulings by the Italian Supreme Court have clarified how the minor rule is interpreted in citizenship cases. In 2024, the Italian Ministry of the Interior issued instructions to reject citizenship applications if the Italian ancestor naturalized while their child was still a minor. Additionally, the Italian Ministry created a memo on October 3, 2024, outlining a new interpretation regarding the minor rule for citizenship by descent applications.

Understanding how the minor rule works is essential for successful citizenship applications. The historical basis of the minor rule is found in the Italian Civil Code and the Italian Constitution, which together define how citizenship is transmitted (pass citizenship) and the legal status of citizenship (status civitatis). Many families waste years preparing documents only to discover their lineage was broken by this rule. The 1912 Citizenship law did not allow women to pass citizenship to their children, which only changed with the Italian constitution on January 1, 1948. The good news is that including minor children in your petition can help preserve citizenship rights and create alternative pathways to qualification.

The Italian Courts play a key role in interpreting and applying these rules, which can affect the outcome of citizenship applications. Italian courts are not bound by the memo issued by the Ministry of the Interior and may interpret the law independently. Judges in Italy have varied interpretations regarding citizenship applications involving the ‘minor rule’, but many have overturned restrictive lower court decisions on appeal.

Application process for minor children

Minor children of Italian citizens can obtain Italian citizenship through their parent’s application. A citizenship application for a minor child requires a birth certificate and proof of recognition through Italian citizenship jure sanguinis. This ensures the minor child can acquire citizenship in accordance with Italian law. Children born to Italian citizens by birth can acquire citizenship via a declaration from their parents or guardians, according to the new regulations effective May 24, 2025. If the child is born in a jure soli country like the US, their Italian citizenship is retained until adulthood, at which point they may choose to renounce it. If your child is already born—even just a few months old—include them in your Italian citizenship petition. This avoids the requirement of two years of residence in Italy after their first birthday.

The application process involves submitting required documents that must establish the link to an Italian parent or an Italian born ancestor, and clarify if the Italian parent naturalized in a foreign country or became a foreign citizen. Parents must gather documentation for each child they want to include in the petition. They will need birth certificates, identification documents, and a power of attorney signed by both parents. Our team will assist you based on your specific situation. 

Minor children born abroad to Italian parents may be eligible for Italian citizenship by descent. If you are expecting a baby, you can prepare documents and complete legalization before the baby is born. As soon as your child arrives, the petition can be filed immediately with your newborn included. Recent changes in Italian law have modified how citizenship transfers to children born outside Italy. Children born in the U.S. to Italian parents who naturalized before the children reached the age of majority inherited their Italian citizenship under certain circumstances.

The Italian court may be involved in the application process for minor children. Court involvement typically occurs when the minor rule creates complications or when administrative applications face rejection. Cases involving lost Italian citizenship or former citizens may require special procedures for reacquisition. Filing through the Italian courts can be necessary if the local consulate presents delays or denies the application based on the minor issue.

Italian dual citizenship for children

Italian dual citizenship allows individuals to hold both Italian and foreign citizenship. Children can maintain their birth country citizenship while gaining Italian citizenship benefits. Children who are US citizens, Australian, or Canadian may be affected by foreign affairs regulations and specific decree law with no provisions regarding dual citizenship.

Understanding the implications of Italian dual citizenship is essential for those seeking to acquire Italian citizenship. Parents should research how dual citizenship affects their children’s future obligations and opportunities. Neither the applicant nor their ancestors should have renounced Italian citizenship, and living in the same household as a naturalized parent can impact eligibility.

The Italian government recognizes dual citizenship, but there may be restrictions on certain rights and privileges. Some government positions and security clearances may require exclusive citizenship.

Italian dual citizenship can provide benefits, such as increased travel freedom and access to education and employment opportunities. Children gain the right to live, work, and study anywhere in the European Union.

Law No. 74/2025 and its implications for Italian citizenship

With the entry into force of Law No. 74/2025 on May 22, 2025, the rules for recognizing Italian citizenship by descent have changed significantly. One of the most important updates concerns minor children. Families of Italian descent abroad must understand these new provisions to avoid losing their children’s right to Italian citizenship. The law is based on decree law no. 36/2025, which was converted into law and is closely connected to Italian citizenship jure sanguinis and the legal concept of status civitatis. Under the transitional provisions of Law No. 74/2025, minor children of Italian citizens (who obtained recognition of citizenship by descent before March 27, 2025) are eligible to submit a declaration for the recognition of Italian citizenship until May 31, 2026, as established by Article 11 TER. This provision offers a valuable opportunity for the descendants of recognized Italian citizens to secure their dual citizenship status within a clearly defined deadline.

The law affects eligibility for Italian citizenship by descent and introduces new documentation and procedural requirements. It specifically addresses issues related to female ancestor transmission of citizenship, clarifying legal nuances for cases prior to 1948, and provides pathways for former citizens to reacquire citizenship through specific declarations and procedures. Families must understand these changes to prepare successful applications. Before January 1, 1948, women could hold but not pass citizenship to their children, which is now recognized as discriminatory by Italian courts.

The transitional provision under Law No. 74/2025 allows minor children to acquire Italian citizenship under certain conditions. The law also contains specific provisions for italian born individuals and those claiming citizenship through italian lineage, emphasizing the importance of ancestral connections and historical legal factors. These provisions create new opportunities for families previously blocked by the minor rule.

The law has implications for Italian citizens residing abroad and those seeking to acquire Italian citizenship through descent. Updated procedures may require different documentation or processing methods.

The Italian Ministry of the Interior provides guidance on the implementation of Law No. 74/2025. Official circulars clarify how new rules apply to pending and future applications involving minor children.

The Supreme Court and the Italian Constitution play a key role in interpreting and guiding the implementation of these new rules.

Conclusion

The minor rule in Italian citizenship law continues to affect countless families, often without their knowledge. Including minors explicitly ensures and protects their citizenship rights under current laws, securing their recognition from an early age. Once you are recognized as an Italian citizen, all future children automatically gain citizenship. Just remember to register their birth certificate at the Italian consulate within one year.With new requirements under Law No. 74/2025, careful planning and the right strategy are more important than ever. 

For more complex questions or personalized assistance, contact Aprigliano International Law Firm to receive professional guidance on your Italian citizenship journey.

 

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