Italian Citizenship By Descent: Supreme Court Minor Issue Update

The long-awaited decision of the Joint Civil Sections of the Italian Supreme Court of Cassation (Sezioni Unite) has finally arrived. With Judgment No. 24045 of 26 July 2026, the Court addressed one of the most controversial questions surrounding Italian citizenship by descent, often referred to as the “minor issue” (questione dei minori).

The judgment follows the hearing held on 14 April 2026 and provides important clarification for descendants of Italians whose parent lost Italian citizenship through naturalisation while the child was still a minor.

The decision confirms, in substance, the interpretation that many lawyers had maintained for years: the voluntary naturalisation of an Italian parent during the child's minority does not automatically result in the loss of the child's Italian citizenship when the child was already an Italian citizen by birth and also held another citizenship acquired by ius soli.

What Was the Case About?

The case concerned a person born abroad to an Italian mother who had moved to Venezuela and subsequently acquired Venezuelan citizenship through naturalisation.

The child had been Italian from birth by ius sanguinis because of the Italian parent, while at the same time acquiring Venezuelan citizenship by ius soli. The child was therefore bipolide from birth, meaning that two citizenships existed simultaneously from the moment of birth.

The mother later lost or renounced her Italian citizenship. The question was whether this event also caused the child to lose Italian citizenship while still a minor.

Years later, once the child had become an adult, the issue arose again because the descendant sought recognition of Italian citizenship iure proprio, based on the citizenship acquired at birth.

The Supreme Court’s Decision: The Child Does Not Automatically Lose Italian Citizenship

The answer of the Italian Supreme Court is particularly important.

The Court held that, under Article 7 of Law No. 555/1912, a non-emancipated minor born abroad to an Italian citizen in a country where citizenship is acquired at birth through ius soli is bipolide by operation of law from birth.

Most importantly, the child retains Italian citizenship even if the Italian parent subsequently becomes naturalised abroad or otherwise loses Italian citizenship.

The exception would arise where the child subsequently and formally renounces Italian citizenship after reaching adulthood or becoming emancipated, subject to the other conditions identified by the Court.

This is the central point of Judgment No. 24045/2026 and a decisive clarification of the so-called minor issue in Italian citizenship cases.

What Does the “Minor Issue” Mean for Italian Citizenship by Descent?

For years, the naturalisation of an Italian ancestor while a descendant was still a minor generated significant uncertainty.

The argument was that, under the old Italian citizenship legislation, the loss of citizenship by the parent could potentially affect a minor child living with that parent.

The Sezioni Unite have now clearly distinguished between two situations.

Where the child was already a dual citizen from birth, having acquired Italian citizenship through ius sanguinis and the foreign citizenship through ius soli, the subsequent naturalisation or loss of Italian citizenship by the parent does not automatically deprive the child of Italian citizenship.

By contrast, Article 12 of Law No. 555/1912 concerns a different situation: the Court explains that its effects can apply to a non-emancipated minor who has only Italian citizenship and may acquire a foreign citizenship on a non-original basis under the law of the foreign State.

This distinction is fundamental when analysing an Italian citizenship by descent case.

The Decision Also Confirms the Equal Role of the Italian Mother

Another important aspect of the judgment concerns maternal transmission of Italian citizenship.

The Supreme Court expressly confirmed that the full legal equality between mother and father, established through Constitutional Court judgments No. 87/1975 and No. 30/1983, applies not only to the transmission of citizenship at birth.

It also applies to the consequences that the parent's loss of citizenship may have on the child.

This is particularly relevant to citizenship cases involving an Italian mother who emigrated abroad and later became naturalised, including cases involving Venezuela and other countries where ius soli citizenship was acquired at birth.

What About the 2025 Italian Citizenship Reform?

The judgment also provides an important temporal clarification.

The 2025 citizenship reform, including Article 3-bis of Law No. 91/1992 introduced by Decree-Law No. 36/2025 and converted by Law No. 74/2025, does not apply to judicial applications for recognition of citizenship filed before 27 March 2025.

Those proceedings remain governed by the legislation previously in force.

This point is extremely important because Judgment No. 24045/2026 does not simply eliminate every issue created by the 2025 reform. Its significance is principally related to the interpretation of the previous legal framework and to cases falling within its scope.

Therefore, anyone considering an Italian citizenship by descent application should have their individual family history and the dates of all relevant events carefully analysed before determining which rules apply.

What Does Judgment No. 24045/2026 Mean for Italian Citizenship Applicants?

The decision represents an important development for descendants of Italians whose citizenship line involves a parent or ancestor who naturalised abroad while the child was a minor.

In particular, the judgment confirms that where the descendant was bipolide from birth, the parent's subsequent naturalisation does not, by itself, automatically interrupt the descendant's Italian citizenship.

This is a significant clarification for families whose Italian citizenship by descent cases had been challenged or placed in doubt because of the so-called minor issue.

Italian Citizenship Lawyer: How Arnone & Sicomo Can Help with Your Claim

The publication of Supreme Court Judgment No. 24045/2026 finally confirms an interpretation that our Italian citizenship attorneys have long maintained: the voluntary naturalisation of an Italian parent during the minority of a child who was already a dual citizen from birth does not automatically cause the child to lose Italian citizenship.

At Arnone & Sicomo International Law Firm, our experienced Italian citizenship lawyers in Italy assist clients worldwide with complex jure sanguinis claims. We specialize in handling high-complexity cases, including historical naturalisation, dual citizenship disputes, 1948 maternal line cases, ius soli birthrights, and appeals related to the former “minor issue”.

How Our Italian Citizenship Law Firm Can Assist You:

- Lineage Assessment: Our legal team will thoroughly examine your family history and reconstruct your chain of citizenship.

- Document & Record Analysis: We review and analyze foreign naturalisation and civil-status records under Italian law.

- Judicial Representation: We file and represent your citizenship court petition directly before the Italian Courts following the new Sezioni Unite precedent.

Following this landmark Supreme Court ruling, many cases previously affected by legal uncertainty deserve to be reassessed by a qualified legal team.

Need an Italian Citizenship Lawyer for Your Minor Issue Case?

If your jure sanguinis lineage involves an ancestor who naturalised while a descendant was still a minor, contact our Italian citizenship lawyers today for an individual legal assessment.

Following the new ruling of the Sezioni Unite, many cases that were previously affected by uncertainty deserve to be reassessed carefully under the principles now established by the Supreme Court.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.