Italian citizenship by descent and the Court of Venice ruling on minors born before 25 March 2025

The ruling of the Court of Venice of 14 September 2026 opens new prospects for families seeking Italian citizenship by descent who started court proceedings before the 2025 reform. The decision recognized the possibility of including five minor children in an already pending case, allowing their position to be assessed under the legal framework applicable to the original proceedings.

The ruling is particularly significant in light of the changes introduced by the so-called Tajani Decree, which narrowed the possibilities for recognition of citizenship iure sanguinis for people born abroad.

The decision of the Court of Venice

The case concerned a lawsuit filed in 2023, relating to a line of descent going back to an Italian ancestor born in 1862. During the proceedings, five minors were added, and they joined the case after the reform had come into force.

The judge held that they could be admitted into the existing case, rather than necessarily being required to file a new, separate claim. This interpretation is also based on Article 105 of the Italian Code of Civil Procedure, which governs the voluntary intervention of third parties in pending proceedings.

The reasoning aims to prevent the children from being treated differently from other family members merely because they were added to the proceedings at a later stage.

The relationship with the Tajani Decree

Decree-Law No. 36 of 2025, which came into force on 28 March 2025 and was converted into Law No. 74 of 2025, introduced new limitations on the recognition of Italian citizenship by descent. However, the legislation provides for transitional provisions for certain applications submitted before its entry into force.

The case examined in Venice had been filed in 2023 and therefore fell, according to the applicable conditions, under the previous regime. The central question was whether the minors added later could also benefit from that legal framework.

The ruling gives a favorable answer in this specific case, but it does not directly change the law, nor does it guarantee that other courts will adopt the same interpretation.

A promising outlook, but one to be confirmed

The ruling of the Court of Venice represents an interesting approach for families who wish to obtain recognition of citizenship by descent for their minor children as well. Its value lies above all in the possibility of distinguishing between the date on which the lawsuit was filed and the date on which the children joined the proceedings.

It will nevertheless be necessary to wait for any subsequent decisions to understand whether this approach will be shared by other courts. The ruling does not, in fact, guarantee a favorable outcome in every situation, and its applicability must be assessed on a case-by-case basis.

For the families concerned, a timely review of the documentation and of the procedural conditions is therefore the key step in understanding what concrete options exist to protect their children’s position.

Your Way to Italy: our assistance

Our team is available to provide support and assistance regarding Italian citizenship and immigration law! Contact us to schedule your first consultation! #Yourwaytoitaly

The content of this article is intended to provide general information on the topic. For doubts or specific cases, it is advisable to seek specialized legal advice tailored to your particular situation.

Article written by Alessia Ajelli, Managing Associate of LCA Studio Legale, Italian lawyer specialized on Italian immigration and citizenship law.