Italian Citizenship by Descent: Understanding the “Minor Case Issue” in 2025

Introduction

If you are a descendant of Italians and planning to apply for citizenship, recent decisions from Italy’s Supreme Court (Corte di Cassazione) may directly affect your case. In 2023–2024, the Court reopened an old debate about whether children automatically lost Italian citizenship when their parents became naturalized in another country.

This issue—known as the “minor case”—could impact thousands of people, especially those whose parents or grandparents emigrated from Italy to the U.S. or other countries.

The Legal Background in Simple Terms

Old rule (1912 law) If your your ascendant – for example your GF-was born abroad to an Italian parent (for example your GGF), they usually kept Italian citizenship even if their GGF naturalized, as long as they naturalized after your GF’s birth
That is, in the same example- if your GGF became naturalized in another country while your GF was still a minor (not 21 years old yet) and living with them (not emancipated), they were considered to keep Italian citizenship even if their parent naturalized.

The Recent Change (2023–2024 Court Decisions)

The Supreme Court has now taken a stricter view:

Even the ascendant born abroad with dual citizenship naturalized when their child was already born but still a minor not emancipated, the might be considered to have lost Italian citizenship i
The reasoning is based on old family law concepts and the idea that the only obligation of the state was to prevent statelessness.

This interpretation makes it much harder for some descendants to claim recognition of Italian citizenship today.

Ministry of Interior Circular (2024)

On October 31, 2024, the Italian Ministry of Interior issued an official circular introducing a stricter interpretation of citizenship transmission rules.

According to this circular, if a parent in the applicant’s lineage naturalized as a foreign citizen while their child was still a minor, the chain of Italian citizenship was considered broken. The only exception applies if that child, upon reaching the age of majority (21 years old under Italian law at the time), formally reclaimed Italian citizenship as an adult.

For many families, this stricter rule makes recognition of Italian citizenship by descent more difficult, particularly when applying through an Italian Consulate. In contrast, those who seek recognition through court proceedings in Italy may face a different outcome, since the decision ultimately depends on the interpretation of the judge handling the case.

What Happens in 2025?

New cases in 2025 challenge this stricter interpretation. Petitioners argue that the minor woh’se parent naturalized:

Were already born with foreign citizenship, so article 12 Law 1912 does not apply
Never renounced Italian citizenship and that citizenship can be renounced only voluntarily
Many descendants could not even know they had “lost” a right that the law, at the time, did not allow them to claim if the naturalized parent was the mother, who did not transmit citizenship.

The Supreme Court has recognized that there is a serious conflict in the interpretation of the law and asked the Sezioni Unite (the highest chamber of the Court) to make a final ruling.

Why It Matters for You

If the stricter interpretation stands, thousands of descendants may be denied Italian citizenship recognition.
If the Court rules in favor of petitioners, many families could regain eligibility and reopen their cases.
The decision will likely force the Ministry of the Interior to review its policy.

What You Should Do

If you are applying for Italian citizenship jure sanguinis (by descent), it is important to:

Verify whether your ancestor became naturalized, and when.
Check if you or your parent were minors at that time.
Seek professional advice, as the legal situation is changing quickly.

Conclusion

The upcoming decision from the Sezioni Unite could be a turning point. While the law has become more restrictive, there is still hope that courts will restore citizenship rights to many descendants.

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Want to dive deeper into the legal details?
Read our full legal analysis of the minor case and the recent Court of Cassation rulings here: Italian Citizenship by Descent and the ‘Minor Case Issue’: The Court of Cassation May Reopen the Door for Thousands of Descendants

This article was written by Avv. Selvaggia Amore.