The "minor issue" is one of the most debated knots in citizenship jure sanguinis. It asks a precise question: when an Italian parent acquired another country's citizenship, did their minor children lose Italian citizenship too? The answer decided whether the chain of transmission down to you was still intact.
Where the problem comes from
Article 12 of Law 555/1912 provided that the minor, cohabiting children of someone who lost Italian citizenship by acquiring a foreign one would lose it too, if they also acquired the parent's new citizenship. For years consulates and municipalities applied this rule very broadly, even when the child was born abroad and already held local citizenship by birth. This led to thousands of refusals.
What the Court of Cassation decided
In ruling 24045/2026 (decided on 14 April and filed on 26 July 2026) the Joint Sections clarified the point. A child born abroad to an Italian parent, in a country that grants citizenship by birth on its territory, is both Italian and a foreign citizen from birth. If the parent naturalises later, the child does not lose Italian citizenship. As an adult they may voluntarily renounce it, but it is not lost automatically. Article 12 applies only to a minor who held Italian citizenship alone and genuinely acquired the foreign one because of a cohabiting parent's naturalisation.
The Interior Ministry circular
On 10 August 2026 the Ministry of the Interior, through circular 65050/2026, instructed municipalities and consulates to apply the ruling. The circular replaces the earlier guidance (circular 43347/2024) and treats mothers and fathers equally. Anyone refused solely on the old interpretation can ask for a review of the original file with the same office, without filing a new application. According to law firm summaries, the favourable treatment covers parental naturalisations between 1 July 1912 and 15 August 1992.
The cases, in short
The ancestor was born abroad, already held local citizenship by birth, and the Italian parent naturalised while they were a minor. After the 2026 decisions the chain of transmission stays intact.
If the parent naturalised when the child was already an adult (18 for naturalisations from 10 March 1975, 21 for earlier ones), the minor issue does not apply.
If the ancestor was only Italian and lost citizenship as a minor because a parent naturalised, the picture is less clear. Some law firms point to a possible Cassation hearing on 17 December 2026.
A final judgment dismissing a claim generally cannot be reopened just because later case law is more favourable.
Careful: solving the minor issue is not enough
The minor issue is separate from the 2025 reform (Decree-Law 36/2025, converted into Law 74/2025), which limited transmission of citizenship to two generations. Applications filed by 27 March 2025 remain under the earlier rules. For later ones the limit applies regardless, and it is the subject of referrals to the Court of Justice of the European Union and constitutional proceedings. Overcoming the minor issue may therefore not be enough if your case falls under the new regime.
What to check in your case
- The birth date of everyone in the line and the country where they were born (and whether that country grants citizenship by birth)
- The date and form of the ancestor's naturalisation, and the child's age at that time
- Whether the child lived with the parent when the naturalisation took place
- If you received a refusal, what it was based on and when the original application was filed