Italian citizenship by descent, the minor issue, and the reform of the law

Italian citizenship jure sanguinis continues to be at the center of an intense legal debate, especially following the recent legislative changes introduced in 2025. Two issues are currently particularly decisive: the loss of citizenship by minor children of citizens naturalized abroad and the possible retroactive application of the new legislation.

The Joint Sections of the Court of Cassation have been called upon to clarify the relationship between Articles 7 and 12 of Law No. 555 of 1912, provisions governing the transmission and possible loss of Italian citizenship. The dispute mainly concerns children born abroad to Italian citizens who already possessed dual citizenship from birth and who, while still minors, were affected by the foreign naturalization of their parent.

According to one interpretation, the minor automatically loses Italian citizenship together with the parent who becomes naturalized abroad. A different interpretation instead maintains that a person born already holding dual citizenship retains the right to Italian citizenship unless they voluntarily renounce it after reaching adulthood.

This issue is enormously important because the continuity of the transmission of Italian citizenship for thousands of descendants around the world depends on the outcome of the decision.

At the same time, the Joint Sections will also have to address the reform introduced by Decree-Law No. 36 of 2025, which imposed much stricter limits on the recognition of citizenship jure sanguinis. The new rules establish restrictions even for people born before the law entered into force, unless the administrative or judicial application was filed by March 27, 2025.

This aspect has sparked a broad debate regarding the retroactive application of the reform and the protection of already acquired rights. Many believe that citizenship by descent is automatically acquired at birth and that subsequent recognition is merely declaratory in nature.

The forthcoming decision of the Court of Cassation, together with that of the Constitutional Court, which has also been called upon to rule on the amendments to the Italian citizenship law, will therefore be decisive not only in resolving the existing interpretative conflicts, but also in defining the relationship between the historical framework of Italian citizenship law and the new limitations introduced by the legislature. For thousands of families of Italian origin living abroad, the ruling could directly affect the recognition of their status civitatis; therefore, it is essential to stay informed about the latest judicial 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.

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.