The “Minor Issue” is resolved
What just happened
Italy’s Court of Cassation (Sezioni Unite, civil) has clarified when a minor born with dual citizenship loses Italian citizenship if a parent later naturalizes abroad. Following the 14 April 2026 hearing, the decision published on 26 July 2026 settles the long‑running clash between Article 7 and Article 12(2) of Law No. 555/1912.
The core holding
Dual at birth keeps Italian citizenship: Article 7 of Law No. 555/1912 governs minors who are Italian iure sanguinis and foreign iure soli from birth. They remain Italian and can lose citizenship only by an express renunciation at majority; a parent’s later naturalization does not “drag” the loss onto them.
Article 12(2) is narrower: it applies only where the child holds solely Italian citizenship and, while sharing residence with the parent who loses Italian citizenship, later “acquires” a foreign citizenship derivatively; only then may loss occur.
Mother/father parity: Effects on transmission and loss apply equally through the maternal or paternal line, aligning with Constitutional Court case law.
Why this matters (and the “minor issue”)
This restores the century‑old reading that protected dual‑at‑birth minors, reversing the recent administrative shift that treated a parent’s later naturalization as interrupting the line. For many families, this means the citizenship line was never broken where the child was dual from birth and did not renounce at majority. Public authorities are expected to align with the ruling; consulates and comuni may need time to update internal directives, but the decision removes the core obstacle that blocked many applications under the so‑called “minor issue”.
Legal context you should know
No retroactive squeeze for older cases: the Court confirms that the 2025 reform (Article 3‑bis of Law No. 91/1992) does not apply to judicial claims filed before 27 March 2025.
Status civitatis remains permanent and imprescriptible once acquired iure sanguinis — a principle earlier reaffirmed by the Sezioni Unite (24 Aug. 2022, Nos. 25317 and 25318).
Watch the interaction with the 2025 “Tajani Decree”: While waiting for Italian Consulates and Municipalities to implement the new ruling (at least we should expect them to do so), broader changes to citizenship are under constitutional and EU scrutiny, with a pending preliminary question before the CJEU that could shape administrative practice going forward.
Practical takeaways
If your ancestor was Italian and you (or your ascendant) were born abroad with that country’s citizenship at birth, a later parental naturalization abroad, according to the Supreme Court of Cassation’s latest ruling, did not make you lose Italian citizenship as a minor unless you (or your ascendant) later renounced it as an adult.
Article 12(2) may still matter where the child had only Italian citizenship and later derivatively acquired another due to the parent’s loss.
Expect consulates and comuni to update (within a reasonable time) guidance; previously paused or rejected applications tied to the “minor issue” could now in theory move forward or look at judicial avenues.
The bottom line The Supreme Court has restored certainty: dual‑at‑birth minors were and remain Italian unless they expressly renounced at majority, and parental naturalization does not erase their status. Applicants previously sidelined by the “minor issue” may now have a clear path forward.
We remain committed to exploring all available legal options for our clients and we will continue to monitor developments in this rapidly evolving area of law. For specific advice on your case, please contact us.
