Naples civil court ruling recognizes italian citizenship for a U.S. citizen without applying the "Minor Issue"

On March 17, 2025, the Naples civil court ruled in favor of a U.S. citizen seeking recognition of their Italian citizenship by descent, citing difficulties in obtaining an appointment at the Italian Consulate in the United States.

In its decision, the court established that the transmission of citizenship had not been interrupted, despite the applicant's Italian ancestor having naturalized as a U.S. citizen. The naturalization took place after the birth of his daughter, the applicant’s mother, who was four years old at the time.

While this ruling is consistent with previous decisions by some Courts of Appeal, it diverges from recent Supreme Court rulings and the circular issued by the Ministry of the Interior on October 3, 2024. These apply the so-called "Minor Issue," which states that if an Italian ancestor naturalized while their descendant was still a minor, the line of descent is interrupted (see, for example, Cass. Civ. Ord., No. 454/2024). Alongside similar decisions, such as that of the Catania Court (No. 221/2025), this ruling by the Naples Court appears to move away from the precedent set by the Supreme Court.

This ruling is encouraging news for foreign citizens, particularly descendants of Italians residing in the United States, Canada and Australia, who are seeking recognition of their Italian citizenship by descent.

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