Italy’s Ministry of the Interior has issued new guidelines for Italian Consulates and municipalities addressing the so-called “minor issue” in Italian citizenship by descent cases.
The new guidelines, issued in Circular No. 65050 of August 10, 2026, follow Decision No. 24045 of July 26, 2026, issued by the United Sections (Sezioni Unite) of the Italian Court of Cassation.
Under the new guidance, administrative authorities are instructed to follow the Court’s interpretation that a child who acquired both Italian and another citizenship at birth does not automatically lose Italian citizenship merely because the Italian parent later naturalized abroad while the child was still a minor.
This represents a significant about-face from the Ministry’s 2024 position on minor-age cases, when Italian Consulates and municipalities were instructed to apply a more restrictive interpretation of the “minor issue.”
The Court’s decision—and now the Ministry’s Circular—clarifies the relationship between Articles 7 and 12 of Italy’s former citizenship law, Law No. 555/1912. Importantly, the Circular also provides guidance for individuals whose citizenship applications were previously denied under the earlier interpretation.
The “Minor Issue” in Italian Citizenship Law
The “minor issue” concerns cases in which an Italian parent naturalized abroad while a child in the line of descent was still a minor.
For many years, the generally accepted interpretation was that a child who had acquired Italian citizenship at birth could retain that citizenship even if the Italian parent later naturalized abroad. In other words, a child born in the United States to an Italian parent did not lose Italian citizenship merely because the parent subsequently became a United States citizen while the child was still a minor.
In 2023 and 2024, however, the Italian Court of Cassation issued decisions that led to a different interpretation in certain cases. Those decisions suggested that a parent’s naturalization and consequent loss of Italian citizenship could also affect the citizenship status of a minor child, even where the child had acquired another citizenship at birth.
This created considerable uncertainty for families whose citizenship lines included the naturalization of an Italian ancestor while the next person in the line was still a minor.
On the heels of those decisions, the Ministry of the Interior issued a Circular in 2024 adopting the more restrictive interpretation, and Italian Consulates and municipalities began denying applications involving the “minor issue.”
The United Sections have now changed that landscape.
Articles 7 and 12 of Law No. 555/1912
The dispute centered on two provisions of Italy’s former citizenship law: Articles 7 and 12 of Law No. 555/1912.
Article 7 concerned Italian children born abroad—in countries such as the United States, Canada, Argentina or Brazil—who were dual citizens from birth: Italian through jus sanguinis and citizens of their country of birth through jus soli.
Article 12 addressed a different situation. It applied where a minor held only Italian citizenship and could acquire foreign citizenship as a consequence of the parent’s naturalization. In those circumstances, the child could lose Italian citizenship along with the parent.
The legal question was whether a child protected by Article 7—who was already a dual citizen from birth—could nevertheless lose Italian citizenship under Article 12 when the Italian parent later naturalized abroad.
The United Sections have now confirmed that the child does not lose Italian citizenship in this situation.
In practical terms, a child who was already a dual citizen from birth does not lose Italian citizenship simply because the Italian parent later naturalized abroad while the child was still a minor.
The Ministry of the Interior’s August 10, 2026 Circular
The Ministry’s new Circular is particularly important because it translates the Court’s decision into administrative guidance for Prefectures, municipalities and Italian Consulates.
In doing so, the Ministry has reversed the position it adopted in 2024 and instructed the competent authorities to bring their administrative practices into line with the principles established by the United Sections.
Under the new guidance, a child who was already a dual citizen from birth under Article 7 does not lose Italian citizenship simply because the Italian parent later naturalized abroad while the child was still a minor.
The Circular also confirms that these principles apply equally whether the Italian ancestor was the mother or the father and addresses naturalizations occurring while Law No. 555/1912 was in force, between July 1, 1912 and August 15, 1992.
Naturalizations occurring on or before June 30, 1912 remain subject to a different analysis and are not affected by the new interpretation set out in the Circular.
Previously Denied Applications May Be Re-examined
One of the most significant aspects of the new Circular concerns applications that were previously denied under the Ministry’s former interpretation of the “minor issue.”
The Circular makes clear that individuals whose applications were denied exclusively on the basis of the previous interpretation of Articles 7 and 12 of Law No. 555/1912 may request a re-examination (riesame) of their original application.
Importantly, the Ministry specifies that applicants should not submit a new application. Instead, they may request that the authority which issued the original denial re-examine the original application in light of the principles now established by the United Sections.
This distinction is particularly important because the re-examination is conducted under the legal framework that applied when the original application was submitted. Accordingly, where the original application was filed before March 27, 2025—or was based on an appointment communicated to the applicant by the competent authority by that date—the new limitations introduced by Article 3-bis as part of the 2025 Citizenship Reform do not apply to the re-examination.
The request for re-examination must be made to the same authority that issued the original denial, even if the applicant has since changed residence in Italy or abroad.
For families whose applications were denied under the previous interpretation of the “minor issue,” despite the child having been a dual citizen from birth, the new Circular may provide an important opportunity to have the original application re-examined without starting the citizenship process again under the new law.
The New Circular and the 2025 Citizenship Reform
The timing of the Circular is important because Italian citizenship law is undergoing change on more than one front.
The 2025 Reform introduced substantial new limitations on the recognition of Italian citizenship by descent for certain individuals born abroad, including restrictions based on generation and other connections to Italy. Those limitations remain the subject of ongoing legal challenges.
The new Circular addresses a different and much more specific question: what happened under the former citizenship law when an Italian parent naturalized abroad while a child who was already a dual citizen by birth was still a minor.
The distinction matters.
Decision No. 24045 and the Ministry’s Circular do not determine the validity of the broader restrictions introduced by the 2025 Reform. Nor do they resolve the proceedings concerning the Reform now pending before the Italian Constitutional Court and the Court of Justice of the European Union.
They do, however, resolve an important question concerning the “minor issue” and reverse an administrative interpretation that had affected many citizenship applications over the past two years.
In Summary
The Ministry of the Interior’s August 10, 2026 Circular provides important administrative confirmation of the principles established by the United Sections of the Court of Cassation in Decision No. 24045.
By distinguishing between a child who was already a dual citizen from birth under Article 7 and the different situation governed by Article 12, the Court has clarified that a child does not automatically lose Italian citizenship simply because the Italian parent later naturalized abroad while the child was still a minor.
For applicants whose cases were affected by the previous interpretation of the “minor issue,” the Circular is particularly significant because it provides a possible avenue for the re-examination of previously denied applications.
At the same time, the Circular does not resolve the separate legal questions arising from the 2025 Citizenship Reform. That broader legal framework continues to develop through proceedings before the Italian Constitutional Court and the Court of Justice of the European Union.
For now, however, the new guidelines bring welcome clarity to an issue that has caused considerable uncertainty for families seeking recognition of Italian citizenship by descent.
Considering an Application?
Families whose citizenship applications were previously denied because of the “minor issue” may wish to review their prior application and denial to determine whether a request for re-examination is available under the new Circular.
For those considering a new application, the legal framework for Italian citizenship by descent continues to evolve. Reviewing the family line and obtaining the necessary historical civil-status and naturalization records remains an important first step, particularly where several generations or multiple jurisdictions are involved.
At With_Papers, we closely follow legislative developments and judicial decisions affecting Italian citizenship law to provide informed, practical guidance to individuals and families pursuing Italian citizenship by descent.
For advice regarding Italian citizenship by descent including the implications of the 2025 Reform, please contact our team at With_Papers at 917-310-2246 or fill out our contact form or schedule a consultation today.