Minor Issue And Italian Citizenship: Under Judgment No. 24045/2026, Dual Citizens Born Abroad Do Not Lose Their Right

The Court of Cassation clarifies when a parent’s naturalisation does not cause a dual citizen child born abroad to lose Italian citizenship.

In Judgment No. 24045, published on 26/07/2026, that is, 26 July 2026, the Civil Joint Sections of the Italian Court of Cassation clarified that a non-emancipated minor who was born abroad and held dual citizenship from birth does not lose Italian citizenship as a result of the parent’s subsequent naturalisation or loss of Italian citizenship, unless the individual renounces it after reaching the age of majority.

In summary, a minor born abroad who has held dual citizenship from birth retains Italian citizenship even if the parent becomes naturalised as a foreign citizen. Article 12 of Law No. 555/1912 applies instead where the minor held Italian citizenship exclusively and subsequently acquired foreign citizenship as a result of the parent’s decision.

The so-called minor issue concerns the possible effect of an Italian parent’s foreign naturalisation on the citizenship of children who were still minors, under the rules laid down by Law No. 555/1912, and has been the subject of debate and conflicting judgments.

In Circular No. 43347 of 3 October 2024, the Ministry of the Interior had stated that the only possible interpretation was that Italian citizenship was lost even in cases of dual citizenship. However, this position had not been entirely convincing, and the uncertainty was far from resolved.

The Joint Sections of the Court of Cassation were asked specifically how Article 12 of Law No. 555 of 1912 should be interpreted. That provision stipulated that, if a parent lost Italian citizenship through naturalisation in a foreign country, the minor children residing with that parent would consequently lose it as well. Article 7 of the same law, however, emphasised that, if the child was born abroad in a country applying ius soli, such as the United States, Brazil or Argentina, the child already held foreign citizenship from birth and should therefore retain Italian citizenship despite the parent’s decision.

It was ultimately this latter interpretation that prevailed following the Joint Sections’ analysis: citizenship acquired at birth constitutes a permanent and imprescriptible status.

In the case of a person who was a dual citizen from birth under Article 7 of Law No. 555/1912, that status is not lost merely because the parent becomes naturalised, subject to any special provisions contained in international treaties or to a subsequent renunciation validly made by the individual after reaching the age of majority or becoming emancipated.

A minor who is a dual citizen from birth does not lose Italian citizenship

The principle is clear: a non-emancipated minor who was born abroad and held dual citizenship from birth, being Italian iure sanguinis and a citizen of the country of birth iure soli, retains Italian citizenship even if the Italian parent becomes naturalised as a foreign citizen or subsequently loses Italian citizenship.

The Court confirmed that a minor who acquired Italian citizenship iure sanguinis and also held another citizenship from birth does not lose Italian citizenship simply because one of the parents became naturalised after the child’s birth and before the child reached the age of majority.

The judgment turns back the clock and restores the long-established interpretation of the 1912 Citizenship Law, reversing the more restrictive approach that emerged in 2024.

Who is a ‘dual citizen’ born abroad?

A dual citizen is a person who has held two citizenships from birth, usually because:

• one parent is Italian, giving the child Italian citizenship iure sanguinis;
• the country of birth grants citizenship by birth within its territory, under the principle of ius soli.

Articles 7 and 12 of Law No. 555/1912: the Court of Cassation provides clarity

The conflict concerned the relationship between two provisions of the same citizenship law: Article 7 and Article 12(2) of Law No. 555/1912.

The Joint Sections held that Article 7 is a special provision protecting those who have held dual citizenship from birth.

Consequently, Article 12(2) cannot be used to deprive a child of Italian citizenship where the child has already held dual citizenship from birth.

What happens if the Italian parent becomes naturalised abroad?

Where an Italian parent residing abroad becomes naturalised as a citizen of the foreign country while the child is still a minor:

• If the child was already a dual citizen ab origine, being Italian by descent and a foreign citizen by birth, the parent’s naturalisation does not cause the child to lose Italian citizenship.
• Article 12(2) of Law No. 555/1912 applies only to a non-emancipated minor who holds Italian citizenship exclusively and who, while sharing residence with the parent, subsequently acquires foreign citizenship derivatively as a result of the father’s or mother’s naturalisation.
• A person who is a dual citizen from birth retains Italian citizenship and may voluntarily renounce it after reaching the age of majority or after becoming emancipated.

What Happens If an Italian Parent Becomes a Naturalized Citizen Abroad

In the event that an Italian parent residing abroad becomes a naturalized citizen of a foreign country while the child is still a minor:

• If the child is already a dual citizen by birth (Italian by descent, foreign by birth), the parent’s naturalization does not cause the child to lose Italian citizenship.
• Article 12, paragraph 2, of Law No. 555/1912 applies only to a minor who has not been emancipated, who holds exclusively Italian citizenship, and who, by sharing residence with the parent, subsequently acquires foreign citizenship by derivation as a result of the father’s or mother’s naturalization.
• A person who is a dual citizen by birth retains Italian citizenship, which they may voluntarily renounce after reaching the age of majority or after being emancipated.

With regard to the status of a child with bipolar disorder from birth, this interpretation prevents a status originally acquired from being lost solely as a result of a choice made by a parent.

The rule applies subject to any special provisions to the contrary contained in applicable international treaties and subject to a renunciation validly made by the individual after reaching the age of majority or becoming emancipated.

Important. Where Italian citizenship is lost as a result of the parent’s naturalisation, the law provides a simplified procedure for reacquiring citizenship for a non-emancipated minor born in Italy.

The case examined by the Joint Sections: why it matters

The Court of Cassation took into consideration:

• Article 3-bis;
• Constitutional Court Judgment No. 142/2025;
• Constitutional Court Judgment No. 63/2026.

The case before the Court of Cassation concerned an Italian woman who emigrated to Venezuela and later became a naturalised Venezuelan citizen, and her son, who was born in Venezuela and held dual citizenship from birth.

The lower courts had found that, following the mother’s naturalisation, the son had lost Italian citizenship while he was still a minor, thereby breaking the line of descent.

The Joint Sections set aside the Court of Appeal’s judgment and remitted the case to the same Court, sitting in a different composition, so that it could decide the matter by applying the principles of law laid down by the Court of Cassation.

Under those principles, the mother’s naturalisation had not automatically caused the son, who had held dual citizenship from birth, to lose Italian citizenship. The line of transmission could therefore not be regarded as having been broken for that reason.

In summary, the Joint Sections established that:

• the son, having been a dual citizen ab origine, retained Italian citizenship under Article 7 of Law No. 555/1912;
• the mother’s naturalisation did not automatically cause the loss of Italian citizenship;
• sharing residence with the naturalised parent is not sufficient to cause the loss of Italian citizenship where the child has held both Italian and foreign citizenship from birth.
• Under the principles laid down by the Joint Sections, the mother’s naturalisation did not automatically interrupt the ability to transmit Italian citizenship. The court hearing the case on remittal must therefore reconsider the application by applying that interpretation and verifying whether the other necessary requirements are met.

Which documents are required to assess a minor issue?

To determine whether naturalisation interrupted the citizenship line, it is necessary to verify, among other factors, the child’s date of birth, the citizenship granted by the country of birth, the date of the parent’s naturalisation, whether the child and parent shared residence while the child was a minor, and whether any subsequent renunciations were made.

Mother and father: full equality in the transmission or loss of citizenship

The Joint Sections follow the line of Constitutional Court case law that has placed mothers and fathers on an equal footing in relation to the transmission of citizenship.

Following the landmark Constitutional Court Judgment No. 30/1983, the child of an Italian mother has been regarded as an Italian citizen from birth, on the same basis as the child of an Italian father.

On that basis, the Court of Cassation states that:

• equality applies not only to the acquisition of citizenship, but also to the rules governing its loss;
• the child of an Italian mother born abroad in an ius soli country is a dual citizen ab origine and benefits from the protective regime under Article 7, regardless of whether it is the father or the mother who subsequently loses Italian citizenship.

A child of an Italian mother cannot be subjected to less favourable treatment than a child of an Italian father, either in the transmission of citizenship or in the effects of the parent’s subsequent loss of citizenship.

The role of Article 3-bis of Law No. 91/1992 and pending proceedings

In 2025, through Decree-Law No. 36/2025, converted into Law No. 74/2025, the legislature introduced Article 3-bis into Law No. 91/1992, laying down specific rules for certain cases involving the acquisition or recognition of citizenship.

As a preliminary point, the Joint Sections clarified that the new rules introduced by Article 3-bis of Law No. 91/1992 did not apply to the judicial application under examination, which had been filed within the deadline established by the transitional provisions.

Judicial applications filed by 11:59 p.m. Rome time on 27 March 2025 remain governed by the legislation previously in force.

The Joint Sections’ decision is the principal interpretative authority for proceedings governed by the previous legislation and may also influence the approach adopted by the competent authorities in applications raising the same issue.

What Judgment No. 24045 means for applicants seeking Italian citizenship iure sanguinis

In practical terms, Joint Sections Judgment No. 24045/2026 of the Court of Cassation, published on 26 July 2026, has several key implications for descendants of Italians born abroad:

• If an Italian ancestor who emigrated had a child born in an ius soli country, and the child therefore held dual citizenship from birth, the ancestor’s subsequent naturalisation does not automatically cause the child to lose Italian citizenship.
• The parent’s naturalisation does not break the line where the child was already a dual citizen from birth. However, the possibility of obtaining recognition today must be assessed in light of any renunciations, other events causing loss of citizenship, genealogical documentation and the restrictions introduced by Article 3-bis of Law No. 91/1992.
• Proof that the parent became naturalised is not, by itself, sufficient to establish that the dual citizen child automatically lost Italian citizenship. It must be shown that the child was a minor holding Italian citizenship exclusively and acquired the foreign citizenship derivatively.

Although the case concerned naturalisation in a foreign country, the principle formulated by the Joint Sections refers more generally to the parent’s naturalisation or loss of Italian citizenship.

Constitutional Court Order No. 147/2026

On a separate issue from the minor issue examined by the Court of Cassation, in Order No. 147/2026 the Constitutional Court referred to the Court of Justice of the European Union a number of questions concerning the compatibility of Article 3-bis with EU law.

The Constitutional Court therefore did not declare the provision either unlawful or definitively compatible with EU law, but stayed the proceedings pending the decision of the Court of Justice.

The Constitutional Court neither confirmed nor denied the validity of Article 3-bis. Instead, it referred to the Court of Justice of the European Union the central question of the original exclusion from Italian citizenship of persons born abroad who hold another citizenship.

How a law firm can assist you

The Joint Sections’ 2026 decision marks a turning point in the handling of Italian citizenship iure sanguinis applications involving dual citizens born abroad.

An international law firm can verify your line of descent and assess whether the relevant conditions are met and whether you are eligible to apply for Italian citizenship, in accordance with the applicable legislation and the interpretations adopted by the Italian courts.

An ancestor’s naturalisation does not necessarily break the Italian citizenship line.

Our team can verify the date of naturalisation, the citizenship held by the child from birth, whether the child and parent shared residence, and whether Judgment No. 24045/2026 applies to your family line.

Contact us to request an assessment of your documentation.

FAQ

Who is a ‘dual citizen’ born abroad?

A dual citizen is a person who has held two citizenships from birth: Italian citizenship, transmitted by descent from an Italian parent, and the citizenship of the country of birth, where that country applies ius soli, such as the United States, Brazil, Argentina or Canada.

If my Italian father or mother became naturalised as a foreign citizen while I was a minor, did I lose Italian citizenship?

If you were already a dual citizen from birth, being Italian by descent and a citizen of the foreign country by birth, the Joint Sections clarified that you do not automatically lose Italian citizenship merely because one of your parents became naturalised as a foreign citizen.

When does Article 12(2) of Law No. 555/1912 apply?

It applies to a minor who holds Italian citizenship exclusively and acquires foreign citizenship derivatively through the naturalisation of the parent with whom the minor resides. In that situation, the minor follows the parent’s citizenship status and may lose Italian citizenship.

Does Article 12(2) also apply to a person who was a dual citizen from birth?

No. The Joint Sections clarified that Article 12(2) applies to a non-emancipated minor who holds Italian citizenship exclusively, shares residence with the parent and subsequently acquires foreign citizenship on a non-original basis as a consequence of the parent’s decision.

What does Article 7 of Law No. 555/1912 provide for dual citizens?

Article 7 provides that the child of an Italian citizen who is born abroad in a country that regards the child as its own citizen by birth retains Italian citizenship, unless, after reaching the age of majority or becoming emancipated, the individual declares a renunciation in accordance with the procedures prescribed by law.

Can I lose Italian citizenship without knowing it because one of my ancestors became naturalised abroad?

In cases governed by Article 7 of Law No. 555/1912, a person who was a dual citizen from birth does not automatically lose Italian citizenship as a result of the parent’s naturalisation. This is subject to any special provisions contained in international treaties, any validly expressed renunciation and the applicability of later legislation to the individual application.

Does the parent’s naturalisation always break the line of transmission of citizenship?

No. It breaks the line only if, at the time of naturalisation, the child was not a dual citizen and acquired foreign citizenship derivatively, thereby losing Italian citizenship under Article 12(2). If the child was already a dual citizen ab origine, the line may continue.

Is the position of children of Italian mothers different from that of children of Italian fathers?

No. Following Constitutional Court case law, mothers and fathers are treated equally in the transmission of citizenship and under the rules governing its loss. The child of an Italian mother born abroad in an ius soli country is a dual citizen in every respect, just like the child of an Italian father.

How does the 2025 reform, Article 3-bis of Law No. 91/1992, affect pending proceedings?

The Joint Sections clarified that Article 3-bis does not apply to proceedings for the recognition of citizenship commenced by 11:59 p.m. Rome time on 27 March 2025. Those proceedings remain governed by the legislation previously in force, namely Law No. 555/1912 and its interpretation.

If my application was previously rejected because of the ‘minor issue’, can I take action following the Joint Sections’ judgment?

Judgment No. 24045/2026 may be relevant to proceedings that are still pending or to decisions that may still be appealed. However, it does not automatically reopen a final judgment. It is necessary to assess the nature of the previous rejection, the status of the proceedings, the date of the original application and whether Article 3-bis of Law No. 91/1992 applies.