Italian citizenship by naturalization and minor children: recent ruling of the court of trento

A recent decision issued by the Court of Trento has brought renewed attention to the interpretation of Italian citizenship laws concerning minor children of naturalized Italian citizens. In its ruling of May 6, 2026, the Court recognized Italian citizenship for four minors born abroad, overturning the restrictive interpretation previously adopted by the Municipality of Trento.

The case before the Court

The dispute arose after the Municipality refused to initiate the procedures necessary to recognize Italian citizenship for four foreign-born minor children living with their father, who had become an Italian citizen through naturalization. The Municipality only proceeded with the registration of the children born in Italy.

According to the Municipality’s interpretation, the amendments introduced in 2025 to Law No. 91/1992, together with subsequent ministerial circulars, prevented the automatic acquisition of citizenship by minor children born abroad unless the parent had completed at least two years of residence in Italy before the children’s birth.

This position was based on the combined application of Article 3-bis, letter d), and Article 14 of the Italian citizenship law.

The Court of Trento’s interpretation

The Court adopted a different reading of the legislation. In its decision, the judge clarified that the restrictions introduced by Article 3-bis apply exclusively to cases involving the transmission of citizenship jure sanguinis and cannot be extended to situations in which minor children acquire citizenship following the parent’s naturalization.

According to the ruling, when a parent becomes an Italian citizen through naturalization, only Article 14 of Law No. 91/1992 is applicable. In such cases, the relevant requirements concern the child’s cohabitation with the parent and residence in Italy for at least two years, or since birth when the child is under two years of age.

The Court therefore concluded that the restrictive interpretation adopted by the Municipality was incorrect and capable of creating unequal treatment among children belonging to the same family unit.

Constitutional principles highlighted by the Court

In its reasoning, the Court also emphasized that an excessively restrictive interpretation of the law could conflict with fundamental constitutional principles.

Specifically, the decision referred to:

• the principle of equality established under Article 3 of the Italian Constitution;

• the protection of minors and family unity guaranteed by Article 31 of the Constitution.

According to the judge, recognizing citizenship for some siblings while denying it to others within the same family would be difficult to reconcile with these constitutional protections.

A otentially significant Pprecedent

By granting the appeal, the Court of Trento ultimately recognized Italian citizenship for the four minors, adopting a constitutionally oriented interpretation of the law while avoiding a direct ruling on the constitutional legitimacy of the legislative provisions themselves.

Although the decision concerns a specific case, it may have broader implications in the future. The ruling represents an important interpretative precedent and could influence future judicial decisions involving similar disputes, potentially limiting overly restrictive administrative applications of Italian citizenship law.

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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, and Paolo Grassi, Trainee of LCA Studio Legale.