A landmark ruling by the Joint Sections of the Italian Supreme Court confirms that a child born with dual citizenship does not lose Italian citizenship merely because the Italian parent later naturalises abroad
In a major decision for Italian citizenship by descent cases, the Joint Sections of the Italian Supreme Court have clarified the long-disputed interpretation of the so-called “minor issue”.
In Judgment No. 24045/2026, published on 26 July 2026, the Court held that a child born abroad who acquired Italian citizenship by descent and foreign citizenship by birth retains Italian citizenship even if the Italian parent later loses Italian citizenship through naturalisation.
The decision is particularly significant for applicants from countries that historically granted citizenship at birth under the principle of ius soli, including Australia, the United States, Canada, Venezuela and several Latin American countries.
What was the “minor issue”?
The “minor issue” arose where an Italian citizen emigrated abroad, had a child, and later naturalised as a citizen of the foreign country while that child was still a minor.
A recent line of Italian case law had interpreted Article 12 of Law No. 555 of 1912 as meaning that the child could lose Italian citizenship together with the naturalising parent, provided that the child lived with that parent and possessed or acquired the foreign citizenship.
This interpretation resulted in the refusal of a growing number of citizenship applications, even where the child had already acquired both Italian citizenship by descent and foreign citizenship automatically at birth.
The Joint Sections have now rejected that approach in relation to children who were dual citizens from birth.
The Supreme Court’s ruling
The Court distinguished between two fundamentally different situations:
- a child who is already a dual citizen from birth; and
- a child who initially holds only Italian citizenship and later acquires a foreign citizenship as a consequence of the parent’s naturalisation.
The Court held that Article 7 of Law No. 555 of 1912 applies to the first category.
Under Article 7, a person born abroad to an Italian citizen, in a country that considers that person a citizen by birth, retains Italian citizenship unless they later renounce it after reaching adulthood or becoming emancipated. The subsequent naturalisation of the Italian parent does not, by itself, cause the child to lose Italian citizenship.
Article 12 applies only to derived acquisition of foreign citizenship
The Court clarified that Article 12 of Law No. 555 of 1912 applies only where the child acquires foreign citizenship derivatively as a consequence of the parent’s loss of Italian citizenship.
It does not apply where the child already possessed the foreign citizenship from birth under ius soli.
The wording of Article 12 refers to children who “acquire” a foreign citizenship when the parent loses Italian citizenship. According to the Court, this indicates a new and subsequent acquisition, rather than a foreign citizenship already held from birth.
Accordingly, a child born with both Italian and foreign citizenship is protected by Article 7 and remains an Italian citizen unless there is a valid and express renunciation after adulthood.
A return to the historic administrative interpretation
The judgment also confirms that, for more than a century, the Italian public administration generally recognised that a parent’s later naturalisation did not cause a child born with dual citizenship to lose Italian citizenship.
The Court referred to previous opinions of the Council of State, ministerial circulars and the long-standing administrative interpretation of Articles 7 and 12.
In particular, the Court noted that the Ministry of Foreign Affairs had previously confirmed that the foreign naturalisation of an Italian parent after the birth of a dual-citizen child did not interrupt the child’s Italian citizenship.
The ruling therefore represents not only a clarification of the law, but also a return to the interpretation historically followed by the Italian authorities.
Citizenship is a permanent and fundamental status
The Joint Sections also reaffirmed important principles concerning the nature of Italian citizenship.
Citizenship acquired by birth is original, permanent and not subject to limitation periods. A person claiming recognition must prove the original acquisition of citizenship and the uninterrupted line of descent.
Where the Italian Government alleges that citizenship was later lost, the burden falls on the Government to prove the relevant interrupting or extinguishing event.
The Court further reiterated that loss of citizenship must be interpreted restrictively and, in principle, must result from an express and voluntary act.
Equal treatment of citizenship through the maternal line
The Court also confirmed that the constitutional equality of mothers and fathers applies not only to the transmission of citizenship, but also to the legal consequences of a parent’s loss of citizenship.
The same principles must therefore be applied whether the relevant Italian ancestor was the father or the mother.
This aspect is especially important in cases involving women who transmitted citizenship through lines previously affected by discriminatory rules.
What about the 2025 citizenship reform?
The judgment does not invalidate or overturn the 2025 citizenship reform.
However, the Court confirmed that the new Article 3-bis of Law No. 91 of 1992 does not apply to judicial applications filed before 27 March 2025. Those cases remain governed by the legislation previously in force.
Applicants must therefore distinguish carefully between:
- the rules governing the “minor issue”; and
- the separate eligibility restrictions introduced by the 2025 reform.
A person may succeed on the “minor issue” but still need to satisfy the transitional provisions or exceptions introduced by the new legislation.
What does this mean for applicants?
The judgment may have a significant impact on:
- pending court proceedings involving the “minor issue”;
- applications currently being examined by Italian consulates or municipalities;
- applications previously refused because an Italian parent naturalised while the next person in the line was still a minor;
- legal opinions that were based on the more restrictive interpretation recently adopted by some Italian courts;
- families whose citizenship line passes through an ancestor born with both Italian citizenship and citizenship of the country of birth.
The ruling does not mean that every previously refused application will automatically succeed. Each case must still be reviewed individually, including:
- the date and place of birth of each person in the line;
- the citizenship law of the foreign country at the relevant time;
- whether foreign citizenship was acquired at birth or later;
- the date of the Italian ancestor’s naturalisation;
- the age and residence of the child at that time;
- any express renunciation of Italian citizenship;
- the application of the 2025 citizenship reform and its transitional provisions;
- any other interruption in the chain of transmission.
Can a previous refusal be challenged?
A refusal based solely or primarily on the “minor issue” should now be carefully reconsidered. Depending on the circumstances, possible remedies may include:
- a formal request for administrative reconsideration;
- an application for annulment in self-review;
- a new application, where legally available;
- or proceedings before the competent Italian civil court.
The appropriate remedy will depend on the date of the original application, the wording of the refusal, the applicable transitional rules and whether any judicial time limits or procedural requirements apply.
A decisive ruling, but individual advice remains essential
Judgment No. 24045/2026 provides authoritative clarification of one of the most controversial issues in Italian citizenship law. The central principle is now clear:
A child who was Italian by descent and simultaneously a foreign citizen by birth does not lose Italian citizenship merely because the Italian parent later naturalised abroad.
For many descendants of Italian emigrants, this judgment may reopen a pathway that had recently appeared closed.
Fiorino & Associates is reviewing pending and previously refused citizenship matters in light of the decision of the Joint Sections. Applicants who have received a refusal based on the “minor issue”, or who were previously advised that an ancestor’s naturalisation interrupted the citizenship line, should obtain a fresh legal assessment before taking further action.
This article provides general information only and does not constitute legal advice. Italian citizenship cases are highly fact-specific and must be assessed by reference to the legislation, foreign citizenship laws, historical records and transitional provisions applicable to the individual case.
For the full text of the Supreme Court Judgment, please refer below:
