The Minor Issue

In October 2024, major changes were made concerning Jure Sanguinis applications, especially with regard to the 1912 Italian Citizenship Law (No. 555). Prior to these changes, Italian citizenship regulation operated under the assumption that if an Italian had children in a jus soli country after 1912, the children would have been born automatically with foreign citizenship and therefore would not have been impacted by their parent’s decision to naturalize in that country. This changed in 2024, as the interpretation shifted to be that if an Italian naturalized while their children were considered minors, the line would be severed from Italian citizenship with limited exception.

A minor was defined as under 21 until 1975. After 1975, a minor was defined as under 18. This is important to keep in mind, as many have distant Italian ancestors who could have naturalized when their children were over 18, but still considered minors at that time.

The exception to this rule is that if your next in line married while still considered a minor at the time, they could potentially be considered emancipated and not impacted by their parent’s decision to naturalize.

Key Points of The Directive

The Italian Ministry of Interior recently issued a new directive (Circolare) to clarify the 1912 Italian Citizenship Law (No. 555), which has seen varied interpretations over the last 100+ years. Previously, Article 7 of this law allowed a child born to an Italian parent (initially only fathers, expanded to either parent from January 1, 1948 onward) on U.S. soil to retain Italian citizenship, even if the parent naturalized as a U.S. citizen while the child was a minor—provided the naturalization took place after July 1, 1912, and the child did not renounce Italian citizenship upon reaching majority (21 years old until March 9, 1975, then 18). The idea behind this was that the USA and other jus soli countries grant citizenship based simply on the basis of being born within the country’s territory. Therefore, the children should never have been impacted by their parent’s naturalization, as they were already born citizens.

However, a Court of Cassation ruling in June 2023 has shifted this understanding, now favoring Article 12 of the 1912 law. According to Article 12, a minor child automatically loses Italian citizenship if their father acquires another citizenship, such as U.S. citizenship, regardless of the child’s birthplace. This was further enforced in October of 2024, when the highest courts ordered Italian Consulates and comuni in Italy to begin abiding by the new regulation.

How the Directive Impacts Applicants

Previously, Italian Consulates and local authorities in Italy often adhered to Article 7, the more favorable interpretation. Now, however, the recent directive brings U.S. Consulates and Italian municipalities in line with the Court of Cassation ruling. According to this new interpretation, if an Italian ancestor naturalized before August 16, 1992, and their minor child was affected by this naturalization, the child is considered to have lost Italian citizenship at that time.

Exploring Your Citizenship Options

While this development may seem discouraging, there are still several pathways worth considering for citizenship applications:

1. Check Your Female Italian Ancestors: If your Italian ancestor had a child before January 1, 1948, and did not voluntarily naturalize before that child turned 21, you may be eligible to pursue a 1948 case through the Italian courts. This applies particularly to women who married an American citizen before September 22, 1922, or whose husbands naturalized before that date. This option can be cost-effective for applicants with family members across different consular jurisdictions. If your female Italian ancestor gave birth after 1948, you’ll only need to keep your eye out for another “minor issue” through her.

2. Assess Emancipation Status: If a child affected by a parent’s naturalization was married before age 21 and before the parent’s naturalization, this might allow your Italian citizenship application to proceed as normal. In cases such as this, the child may not be subject to the “minor issue” as they could have been considered emancipated from their parents.

Implications for Recognized Applicants

The new Circolare does not impact those already recognized as citizens. While it does not change judicial processes, the Court of Cassation ruling has created a precedent for interpreting citizenship law, though it is not binding for all Italian courts. Italian judges and authorities may still grant citizenship to those with Italian ancestors who naturalized after July 1, 1912, if their U.S.-born child was still a minor at the time.

We advise applicants to remain patient as we navigate these changes. Every case is unique, and our team will carefully review your situation to determine the best path forward.

The Bright Side

Since these changes came into effect, we have quickly learned that a significant majority of our clients have had alternative options to claim Italian Citizenship. While alternatives are not always ideal and can be costly to pursue, we are of the mindset that any option is better than none at all!

If we are able to find an alternative to your “minor issue” line, the document collection process will commence and options for attorneys will be provided. Unlike consulate appointments which are difficult to secure and take several years of waiting, an Italian court case allows for full representation by our legal partners, meaning you won’t need to appear in person.

The Cost

If your only option to avoid the “minor issue” requires an attorney, there can be considerable fees involved with your representation. As a reminder, Now Citizens is a team of genealogists, not a legal firm. While we can assist with many of the processes, we cannot provide legal representation and will refer you to third-party attorneys when necessary. We see attorneys charging around €5,000 - €8,000 for one person, then €350 - €850 per added family member. Many families will gather a group, then divide the cost equally. This helps lessen the individual cost burden significantly!

Conclusion

While the new directive comes as a shock, many people will still have other means to pursue Italian citizenship. If you have any questions or need assistance, do not hesitate to schedule a free citizenship consultation with our team. We also offer Italian Citizenship Eligibility Assistance as a service to locate viable Italian lines.