New Venice Court Ruling Protects Children's Italian Citizenship Rights

On September 14, 2026, the Court of Venice recognized Italian citizenship not only for the applicants in a case filed before the 2025 reform, but also for five children who joined that case later. Crucially, the judge made clear that this can apply even to children born after the new rules came into force.

If you have a citizenship case pending in Italy and your family has grown since you filed, this is news worth knowing. And if you tried to apply before the March 2025 deadline but were blocked by a consulate, read on: the same logic may help you too. Below, we explain in plain terms what the court decided, what it does not mean, and what you can do.

What Happened in the Venice Case

The case began in 2023, when a group of descendants of an Italian ancestor asked the Court of Venice to recognize their Italian citizenship by descent (jure sanguinis). Their ancestor was born in 1862 in a small village in the province of Treviso and later emigrated to Brazil.

Because the case was filed in 2023, it was protected by the reform's own transition rule: cases filed before 11:59 pm (Rome time) on March 27, 2025 are still decided under the old rules, with no limit on the number of generations. The judge applied those rules to the original applicants and recognized them as Italian citizens.

The real news came next. After the reform took effect, five minor children joined the case through a procedure called intervento (intervention), which lets a person enter a lawsuit that is already under way. The judge, Giuseppina Zito, admitted them, declared them Italian citizens too, and ordered the Ministry of the Interior to register them in the Italian civil records — making clear that this is possible even for children born after the reform came into force.

Why the Judge Let the Children In

The reform limited citizenship by descent for people born abroad, but it also included special rules to protect families who were already "in the pipeline" before the deadline. Those rules cover children whose parents had, by March 27, 2025, filed an application at a consulate or at the town hall (comune), booked a consular appointment, or started a court case.

The judge read these rules together and concluded that the protection does not end with the first filing: in her words, it "extends to the entire development of the proceedings." Put simply, if a parent's case was protected when it was filed, that protection travels with the case until it is decided — and a child can step into it along the way.

The ruling then addresses the key question head-on: the child can join "even if born after the new rules came into force." This is what makes the decision stand out. Other Italian Courts had already let minors join their parents' cases, but this ruling is explicit about children born after the reform.

Two further points matter in practice:

The parents' declaration can be made inside the case. Under the new law, parents must formally declare that they want their child to become Italian. According to the judge, the act through which the child joins the case can itself serve as that declaration — no separate procedure needed.
It is consistent with the Constitutional Court. The judge drew on the principles of the Constitutional Court's ruling no. 63/2026, which stressed the need to protect people who had applied before the deadline. She was careful to note, though, that the Constitutional Court did not rule on children joining cases.

Does This Apply to Your Family?

The Venice ruling may be relevant to you if:

You filed a citizenship court case in Italy before March 27, 2025;
That case is still pending, with no final decision yet; and
You have a minor child who was left out of the original filing, was born after the reform took effect, or is on the way.

Timing is everything. A child can only join a case that is still open. Once the court has issued its decision, that route closes for that case. If your family fits the description above, act now rather than waiting for the hearing date.

Our View: Children Should Never Be Left Behind

At AcrossBoundaries, we believe the Venice ruling points in the right direction, and that the same logic should go further. Here is our reasoning, in plain terms:

The law itself already protects children. For parents who had already applied for recognition of their Italian citizenship when the new law came into force, the reform allows extra time, until May 31, 2029, to make the declaration for their children. In our view, this reflects a broader principle: children should never pay the price for someone else's delay, whether a relative's or a public office's.
One family, one outcome. Recognizing a parent as Italian while refusing his or her children, born when that parent was already Italian by descent, would split a family in two. We believe this is unequal treatment, at odds with the Italian Constitution's protection of equality and of the family.
If the parents acted in time, the children should benefit too. The Constitutional Court (ruling no. 63/2026) drew the line between people who took action before the deadline and people who did nothing. In our view, this protection also applies to anyone who did everything in their power to apply but was prevented by external causes beyond their control. When parents or grandparents had already started the process, their children grew up expecting to become Italian, and that expectation deserves the same protection.

Blocked Before the Deadline? You May Still Have a Case

We apply the same reasoning to families who did everything in their power to apply before March 27, 2025, but were stopped by the authorities themselves, for example when a consulate suspended new applications for months. In our view, a right protected by the Constitution cannot depend on a public office failing to respond.

The law protects people who received a consular appointment in time. We believe it should equally protect people who asked for one, gathered their documents and waited for a reply that never came. This is not a guaranteed outcome, but it is an argument we consider strong.

The Bigger Picture

The debate is far from over. On July 23, 2026, the Italian Constitutional Court asked the Court of Justice of the European Union whether the new limits are compatible with EU citizenship rules (order no. 147/2026). Its answer could change the picture for many families born abroad (you can read our dedicated article here).

Conclusions

The Venice ruling of September 14, 2026 is an encouraging sign for families with a citizenship case filed before the reform: a child born along the way need not be left behind. It is not a guarantee, and other courts may see things differently, but it gives families a strong argument to put before their judge, as long as the case is still open. More broadly, it confirms a principle we stand by: the law protects those who acted in time, and that protection should reach their children and anyone the authorities themselves stopped from applying.

Schedule Your Free Consultation

If you believe you may qualify for Italian citizenship by descent, now is the time to understand your options.

BOOK A 100% FREE CONSULTATION CALL TODAY with AcrossBoundaries. Our team of experienced Italian citizenship lawyers and dual citizenship specialists will guide you through every stage of the process—from assessing your eligibility and gathering the necessary documentation to preparing and filing your application.

Our services include:

Personalized Legal Strategy tailored to your family's unique circumstances.
A Fully Digital Process, allowing you to manage your application securely from anywhere in the world.
Comprehensive Case Management, with dedicated support from start to finish.
Representation Before the Italian Courts, whenever judicial proceedings are required.
Complete Document Preparation, ensuring that every document complies with Italian legal requirements.
Dedicated Support Throughout the Entire Process, providing clear guidance and peace of mind every step of the way.

We're here to make your journey to Italian citizenship as smooth and straightforward as possible.

Article written on October 12th 2026