DID YOU KNOW THERE ARE TWO MAIN FORMS OF BIRTHRIGHT CITIZENSHIP… JURE SANGUINIS & JUS SOLI
Jure Sanguinis is the right of citizenship by blood.
Jus Soli is the right of citizenship from birth within the country’s territory.
1912 – Children Born in Jus Soli Countries
This rule is important to know for anyone with ancestors that arrived in America before 1912. Before July 1, 1912, if a male Italian citizen naturalized in a foreign country, both spouses as listed on the naturalization document and all minor children also became US citizens.
For minor children born in the US, the act of the father naturalizing was seen as also severing the connection to Italy for them too. After July 1, 1912, it was determined that all children born outside of Italy retained their right to Italian citizenship, as long as the foreign country’s citizenship was granted as a birthright via jus soli.
This meant that since the United States of America grants citizenship via Jus Soli, any children born in the United States to an Italian citizen who naturalized after July 1, 1912 kept their right to Italian Citizenship via Jure Sanguinis!
There is a major loophole regarding this 1912 rule. Since women were “assumed” to have naturalized with their husband, they never formally went through a naturalization process of their own. This means that she and all minor children born in the US who were originally assumed as severed from Italian citizenship by their father did not formally renounce their right to Italian citizenship.
A pathway to citizenship as a “pre-1912” case is available to those who fall into this category, and requires legal representation.
1922 – The Cable Act
This law is important to know for anyone with both male and female Italian ancestors in the same family line.
This law is called the Cable Act of 1922, also known as the Married Woman’s Act. Before September 22, 1922, if an Italian man naturalized in the US, the US considered his wife as naturalized at the same time.
After September 22, 1922, women no longer gained US citizenship by simply being married to an American. This means if you have an Italian male in your line who naturalized at the end of 1922 or later, your line might still qualify through the female spouse, as she would have needed to naturalize separately.
There are many cases where an Italian wife did not naturalize until several years after her husband!
1948 – Women’s Right to Pass Citizenship
This rule is important to know for anyone with a female Italian ancestor in their direct line, and is commonly referred to as a “1948 Case.”Before January 1, 1948, if a female Italian citizen gave birth and her husband was not Italian, the female Italian citizen could not pass her citizenship to the child.
If a child was born to an Italian mother on or after January 1, 1948, the Italian citizenship via Jure Sanguinis was passed to the child! There are cases where a mother had multiple children, some born before 1948 while others were born after.
The children born before 1948 would have to go through the Italian court system with a 1948 case in an attempt to claim Italian citizenship. For all the children born to that same mother after 1948, it is a simple and straightforward process for citizenship recognition through a Consulate or via an “Apply in Italy” program!
If you meet all other criteria for Italian citizenship, other than a female giving birth to your next line member before 1948, you are able to petition the Italian courts for recognition. If you have any other viable Italian lines in your direct family tree, it is always best to seek a straightforward Jure Sanguinis recognition instead of pursuing a 1948 case.Difficulty locating ancestral documents does not constitute an Italian line being unviable.In order to petition the Italian courts, you must hire an Italian citizenship attorney.
It is important to interview several attorneys to select one who matches your expectations. This does come with considerable costs, and could exceed tens of thousands of dollars depending on the case. Every attorney will provide a vastly different quote to represent you.
With a 1948 case, there is a possibility of the citizenship application being rejected, as the fate of your case is in the judge’s hands. If your case is rejected, you will have the option to appeal or to petition to a different regional court system.
For a period, some judges rejected 1948 cases where the mother naturalized while her child was still a minor, applying the same flawed reading of the 1912 law that produced the wider “minor issue.” On July 27, 2026, the Court of Cassation, sitting as the United Sections (Sezioni Unite), rejected that interpretation and restored the century-old reading of Articles 7 and 12, which removes this barrier before the courts.
If a consulate or court still applies the old interpretation before the Ministry issues its new circolare, the ruling can be attached to your file, and you can consult your attorney about appealing or petitioning in a different court. The “1948 Case” continues to have an extremely high success rate.
Almost everyone who would qualify if the line were male instead of female has a successful outcome!
2024 to 2026 – The “Minor Issue” (Now Resolved)
On October 3, 2024, an administrative reinterpretation of the Italian citizenship rules briefly altered how citizenship was treated across generations. It became known as the “minor issue.”
For more than a century, children born in the United States or other “jus soli” countries to an Italian citizen were automatically Italian, even if the Italian parent later acquired US citizenship. The 2024 reinterpretation, driven by Circular No. 43347 of 2024, held instead that if an Italian parent naturalized while their US-born children were minors (typically under 21 before 1975, under 18 after), those children forfeited their Italian citizenship unless they had formally declared their intention to keep it. Because such declarations were almost non-existent in the early to mid-20th century, this disrupted many lines that were previously considered eligible.
A recognized exception was emancipation: children who were minors but married before their Italian parent naturalized were treated as adults under Italian law, and so were not affected.
Resolved in July 2026. On July 27, 2026, the Court of Cassation, sitting as the United Sections (Sezioni Unite), rejected the 2024 interpretation and restored the reading of Articles 7 and 12 of the 1912 law that had been followed for over a century. Under that reading, a child who was Italian by blood and, at birth, a foreign citizen on foreign soil did not lose Italian citizenship because a parent later naturalized. The “minor issue” is therefore over before the courts. The administration is expected to fall in line once the Ministry of the Interior issues a new circolare, which may take a couple of months; until then, the ruling can be attached to a file if an office still applies the old interpretation.
2025 – The “Tajani Law” – A Complete Overhaul
In March 2025, Italy enacted sweeping reforms to its citizenship by descent (jure sanguinis) regulations through Law No. 74/2025, commonly referred to as the “Tajani Law,” named after the leading politician behind the legislation.
Under the new rules, applicants must demonstrate a stronger connection to Italy. Citizenship is now limited to individuals whose parent or grandparent was born in Italy, and those applying through a grandparent must have resided in Italy for at least two years prior to applying.
The Tajani reform is separate from the “minor issue.” For a time, an Italian ancestor naturalizing while their child was still a minor was treated as breaking the line, but the Court of Cassation ended that interpretation in July 2026 (see the section above), so it is generally no longer a barrier on its own.
These reforms also reduce the role of consulates, requiring many applicants to pursue recognition through the Italian court system instead. Notably, applications submitted, consulate appointments booked, or legal claims filed before March 28, 2025, will continue to be assessed under the previous regulations.
1. Introduction of Residency Requirements
Before: Applicants could claim Italian citizenship by descent without any residency prerequisites.
Now: If claiming through a grandparent, applicants must have resided in Italy for at least two years before submitting the application.
2. Stricter Lineage Criteria
Before: Citizenship could be claimed through any Italian ancestor, as long as the line was unbroken and the ancestor did not naturalize before the next person in the line was born.
Now: Citizenship by descent is limited to cases where the applicant’s parent or grandparent was born in Italy.
3. The “Minor Issue” (Resolved July 2026)
Before: Children born abroad retained Italian citizenship even if their Italian parent naturalized while the child was a minor.
Briefly, 2024 to 2026: A 2024 circolare reinterpreted the 1912 law so that, if an Italian ancestor naturalized while their child was a minor (under 21 before 1975, under 18 after), the line was treated as interrupted.
Now: On July 27, 2026, the Court of Cassation (United Sections) overturned that reading and restored the century-old interpretation of Articles 7 and 12. The “minor issue” is resolved in applicants’ favor before the courts; consulates and comuni are expected to follow once the Ministry issues a new circolare.
4. Changes in Administrative Procedures
Before: Applicants could apply through consulates or Italian municipalities.
Now: Some applicants still file court cases in Italy, for example where a consulate is slow to apply a recent ruling or where a line has other complexities. With the “Minor Issue” resolved by the Court of Cassation in July 2026, minor-issue lines are far less likely to require litigation on that ground alone.
5. Transitional Provisions
Applicants who submitted a complete application, booked a consulate appointment, or filed a court case before March 28, 2025, will be evaluated under the previous rules.