Italian citizenship by descent and the “Minor Issue”: ruling by the Court of Cassation

A new legal chapter on the subject of Italian citizenship by descent

The Court of Cassation has recently ruled on an important issue for those claiming Italian citizenship jure sanguinis: the so-called “minor issue” referring to the automatic loss of citizenship by a minor following the naturalization of a parent.

The case brought before the Supreme Court

The petitioners in this case are two U.S. citizens who applied for recognition of Italian citizenship by bloodline. However, their genealogical line included an ancestor who was still a minor at the time their parents became naturalized citizens of another country. The core of the legal dispute concerns the interpretation of Article 12 of Law No. 555 of 1912, which provided for the loss of Italian citizenship for minor children whose parent acquired a foreign citizenship.

The petitioners’ attorneys argued that the ancestor in question, although born in the United States and therefore an American citizen by jus soli, was simultaneously an Italian citizen by jus sanguinis, being the child of an Italian citizen. This condition is expressly recognized by Article 7 of the same 1912 law, which protects the Italian citizenship of individuals who acquire another nationality at birth.

Towards a new interpretation by the Joint Sections

On July 18, 2025, the Court of Cassation decided to refer the case to the Joint Sections to clarify whether, in cases where the applicant’s ancestor was a minor at the time of the parents' naturalization, recognition of citizenship can or cannot be denied—regardless of the minor’s place of birth.

This decision comes amid increasing judicial attention to the topic: already in April 2025, the Court had ruled on a similar case. The interpretive question revolves around reconciling Article 7 (which safeguards dual citizenship from birth) and Article 12 (which provides for automatic loss of citizenship when parents are naturalized while the child is a minor).

Implications and future outlook

A possible revision of the case law on this matter could have significant consequences for thousands of citizenship applications, especially from descendants of Italian emigrants to the United States and other countries that grant birthright citizenship, such as Canada, Australia, Argentina, Brazil, Chile, and Paraguay, among others.

While awaiting the ruling from the Joint Sections, it is essential to closely monitor the evolution of the case law, which could mark a turning point in the regulation of citizenship by descent—a field that has already undergone several recent changes. Our team will keep you updated on any developments!

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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.