Italian Citizenship by Descent After the 2025 Reform: What Families Should Know Now

Recent developments involving the “minor issue” and EU review have made careful legal review more important than ever.

Italian citizenship by descent has entered one of its most important legal moments in years.

For families exploring jure sanguinis — or, more precisely, iure sanguinis, citizenship by bloodline — the past year has brought major uncertainty. The 2025 reform changed the framework for many applicants. Recent court developments have now added new questions, new clarification, and new reasons to review each family line carefully.

The most important takeaways are:

• Do not assume your path is open.

• Do not assume your path is closed.

• The facts of your family line matter.

1. The 2025 reform changed the starting point

In 2025, Italy introduced Article 3-bis into Law No. 91/1992 through Decree-Law No. 36/2025, later converted into Law No. 74/2025. The reform created new limits for certain people born abroad who also held another citizenship from birth. In practical terms, it significantly changed how many citizenship-by-descent claims are evaluated, especially for families relying on more distant ancestral lines.

The Constitutional Court previously reviewed aspects of Article 3-bis in Decision No. 63/2026. That decision did not end the conversation. Instead, it became part of a larger legal landscape that continues to develop through later cases and referrals.

For families, this means timing, filing history, generational distance, documentation, and the citizenship status of parents or grandparents may all matter.

2. The “minor issue” has now been clarified by the Supreme Court of Cassation

A separate but highly important issue involved what many applicants know as the “minor issue.”

This question centered on historical naturalization. In many family lines, an Italian ancestor naturalized abroad while their child was still a minor. The question was whether that child also lost Italian citizenship, potentially breaking the line for future descendants.

The Supreme Court of Cassation, United Civil Sections, addressed this issue in Sentenza No. 24045/2026, published on July 26, 2026. The Court clarified that a minor born abroad to an Italian citizen in a country that grants citizenship by birth on the territory — such as the United States, Argentina, Brazil, Venezuela, or similar ius soli jurisdictions — was a dual citizen from birth and retained Italian citizenship even if the Italian parent later naturalized or lost Italian citizenship, unless a special treaty rule applied or the person later formally renounced after reaching adulthood or emancipation.

That clarification is significant for many families whose lines were affected by this issue.

But it does not mean every case is automatically resolved. Each line still needs to be reviewed against the dates, documents, country of birth, naturalization history, and the impact of the 2025 reform.

3. The 2025 reform is now headed to Europe for review

The second major development concerns Article 3-bis itself.

With Order No. 147/2026, the Italian Constitutional Court paused its proceedings in certain cases and referred questions to the Court of Justice of the European Union. The referral asks whether the new Article 3-bis framework is compatible with EU citizenship principles under Articles 9 TEU and 20 TFEU.

This is important because Italian citizenship also carries European Union citizenship.

At the same time, this is not a final decision from the CJEU. Article 3-bis remains part of the current legal framework while the European question is pending.

So the situation is neither simple nor settled.

What this means for families now

For families exploring Italian citizenship by descent, these developments create a more nuanced picture.

The “minor issue” ruling may help clarify certain family lines where an ancestor was born abroad as a dual citizen and the Italian parent later naturalized. The CJEU referral, meanwhile, keeps open a major legal question about the 2025 reform and its impact on foreign-born descendants.

But the answer will not be the same for every family.

A careful review should consider:

• the ancestral line;

• where each person was born;

• when naturalization occurred;

• whether the child was a minor;

• whether the child was a dual citizen from birth;

• whether any renunciation occurred;

• when a claim or application was filed;

• whether the 2025 reform applies to the specific case.

How Viaita helps

Viaita helps families approach Italian citizenship by descent with clarity, structure, and legal coordination.

Through Italian legal counsel built into the process, Viaita supports families in reviewing their lineage, understanding relevant documentation, evaluating timing, and identifying the pathway that may fit their circumstances.

For some families, these recent developments may create new clarity.

For others, they may raise new questions.

Either way, the right next step is not guessing. It is a careful review.

Your Path. Your Journey. Your Italy.

To understand how these developments may affect your family line, schedule a Welcome Call with Viaita.

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Disclaimer:

This article is for general informational purposes only and does not constitute legal advice. Italian citizenship eligibility depends on the specific facts of each family line and should be reviewed by qualified Italian legal counsel.