News · Citizenship and Italians abroad
Children of Italians born abroad: the parent’s naturalisation does not remove the minor’s citizenship
Attorney Renato Giuseppe Fiorentino · Published on October 11, 2026 · Updated on October 11, 2026 · 4 min read
In 30 seconds
A minor born abroad to an Italian parent, who also has the citizenship of that State, keeps Italian citizenship even if the parent is naturalised.
With judgment no. 24045/2026 the Joint Chambers (Sezioni Unite) decided a case of citizenship iure sanguinis, that is, by descent. A minor who has two citizenships from birth does not lose the Italian one if the parent takes another citizenship. The possibility of renouncing upon reaching majority remains. If you think you have this case in your family, the step to take right away is to reconstruct the dates.
References
Court of Cassation, Joint Chambers (Cass., Sez. Un.), judgment no. 24045/2026Arts. 7 and 12 of Law 555/1912 (l. 555/1912)Art. 3-bis of Law 91/1992 (l. 91/1992)
The case decided
The appellant was born in 1946 with Italian citizenship. In 1954 his mother, an Italian citizen, had been naturalised as Venezuelan. The Court and the Court of Appeal of Rome had rejected his application for recognition: in their view he had lost citizenship with his mother’s naturalisation.
The First Section referred the question to the Joint Chambers with order no. 20889/2025. The judgment was decided on April 14, 2026 and published on July 26, 2026. It upheld the first ground of appeal, quashed the judgment and sent the case back to the Court of Appeal of Rome.
The issue
The point was this: does a minor child, who has two citizenships from birth, lose the Italian one when the parent takes another citizenship? It depends on which provision of Law no. 555 of June 13, 1912 applies: Article 7 or Article 12, second paragraph.
The principles of the Joint Chambers
- Article 7. A minor born abroad to an Italian citizen, in a State where citizenship is acquired by birth on its territory, is a citizen of two States from birth. He keeps Italian citizenship even if the parent is naturalised. He may renounce it upon reaching majority or emancipation.
- Article 12, second paragraph. It concerns only the minor who has exclusively Italian citizenship. It involves him only if he can acquire foreign citizenship in a non-original way.
- Mother and father are equal. After Constitutional Court judgments no. 87/1975 and no. 30/1983, equality also applies to the effects on the child.
- The new law does not apply to lawsuits already begun. Article 3-bis of Law 91/1992, introduced by Decree-Law 36/2025 (converted by Law 74/2025), does not apply to court applications filed before March 27, 2025.
What changes for families
Anyone descended from an emigrated Italian, and who has had an ancestor born abroad in a State that grants citizenship by birth, must look carefully at the dates: the child’s birth, the parent’s naturalisation, the child’s age at that time. The principle can change the outcome of an application that seemed closed. Each line of descent must, however, be examined document by document.
For the 2025 reform you can also find our guide in English: Italian citizenship by descent after the 2025 reform.
What to do
- Reconstruct the line of descent with birth, marriage, death and naturalisation certificates.
- Note for each person the date of birth and the date on which the parent changed citizenship.
- Check whether an application or lawsuit is already pending and since when.
- Do not renounce citizenship and do not sign declarations without having asked for an opinion.
The best solution for you
- If your application was rejected because of the parent’s naturalisation: it is worth checking whether your ancestor was a dual national from birth and whether the decision can be re-examined.
- If you have not yet applied: it usually works best to complete the documentation first, then choose the route, which may be administrative or judicial.
- If the lawsuit had already begun before March 27, 2025: the Court says the new rules do not apply to those applications, so the date matters.
What to do right away: put together the documents and the dates and ask for a check before moving. No route guarantees an outcome.
How Attorney Fiorentino can assist you
- Reconstructs with you the line of descent and the dates of the naturalisations.
- Tells you which documents are needed and how to legalise or translate them.
- Assesses the best route and follows you to the end.
Frequently asked questions
Does a minor child lose Italian citizenship if the parent is naturalised?
According to the Joint Chambers no, if the minor is a citizen of two States from birth. He may renounce upon reaching majority.
Does it also apply to mothers?
Yes. The Court refers to the constitutional judgments that equated mother and father.
Does the 2025 reform change this decision?
For court applications filed before March 27, 2025 the Court rules out the application of Article 3-bis. For the others a case-by-case check is needed.
Related guides
Do you have an emigrated Italian ancestor and want to understand whether you are entitled to citizenship?
Each situation must be assessed on the documents of the specific case. You can contact the Firm from anywhere in Italy, even without coming to the office: the consultation takes place remotely, with documents sent online, by phone, on WhatsApp or by video call. Offices in Naples (Piazza Giovanni Bovio 22 and Via Monte di Dio 14), Rome and Bari, by appointment.
Sources
Informational content updated on October 11, 2026. It does not constitute legal advice and does not promise any outcome.
Read also
- Pinto Law: can the heirs claim compensation for a lawsuit that lasted too long? Times and deadlines
- Class action and collective action: how it works and when it is worth joining
- Simulated sale or price never paid: how to prove the simulation of a contract
(Read also): Legal guides from Studio Legale Fiorentino · Debt recovery abroad: how to get paid by a foreign customer · European payment order: recovering a debt from a customer in another EU country
Translated from the Italian original; updated on October 18, 2026.
Do you have a similar issue?
Every situation depends on the documents of the specific case. You can contact the firm from anywhere, remotely.