Italy’s Court of Cassation Clarifies the “Minor Issue” in Citizenship by Descent Cases 

Italy’s Court of Cassation has issued a landmark decision that may significantly strengthen the position of many people seeking recognition of Italian Citizenship by Descent. 

The ruling addresses one of the most important and widely discussed issues in Italian Citizenship by Descent cases: the so-called ‘Minor Issue’. This issue has affected many applicants, particularly descendants of Italian emigrants in North America and Latin America, whose family lines included an Italian ancestor who naturalized abroad while their child was still a minor. 

For many families, this had become a major obstacle. In recent years, some courts and authorities treated that parental naturalization as interrupting the transmission of Italian citizenship, even where the child had been born abroad with Italian citizenship by blood and had also acquired citizenship of the country of birth. 

The Court of Cassation has now clarified that interpretation was incorrect. 

What Was the ‘Minor Issue’? 

Italian Citizenship by Descent, also known as jure sanguinis or iure sanguinis, is based on the principle that citizenship may be transmitted through bloodline from an Italian ancestor to future generations. 

The ‘Minor Issue’ arose when an Italian citizen emigrated abroad and later naturalized as a citizen of another country while their child was still under the age of majority (up to age 21 prior to March 10, 1975 and up to age 18 thereafter). 

For many applicants, the question was whether the child lost Italian citizenship automatically because the parent naturalized abroad while the child was still a minor. 

In practical terms, this issue often affected families whose Italian ancestors moved to countries such as the United States, Canada, Argentina, Brazil, or other countries where children may have acquired citizenship at birth by being born there. 

What Did the Court Decide? 

In Judgment No. 24045/2026, the Court of Cassation’s Joint Chambers clarified that a non-emancipated minor born abroad to an Italian parent in a country where citizenship is acquired at birth by jus soli does not automatically lose Italian citizenship simply because the Italian parent later naturalizes abroad. 

This is an important distinction. In these cases, the child was considered to have held both Italian citizenship by descent and the foreign citizenship acquired at birth. The Court confirmed that the child retained Italian citizenship unless a specific contrary rule applied or the individual later formally renounced Italian citizenship after reaching adulthood.  

The Associated Press described the decision as resolving the long running ‘Minor Issue’ dispute and strengthening citizenship by descent claims by descendants of Italian emigrants whose applications had been affected by restrictive interpretations adopted in recent years. 

Why This Matters for Italian Citizenship by Descent Applicants 

For many people with Italian ancestry, the ‘Minor Issue’ had become one of the most frustrating barriers to recognition. 

Applicants who otherwise had a strong citizenship by descent claim could be told that their line was broken because an Italian ancestor naturalized abroad while the next person in the line was still a minor. This was especially relevant for descendants of Italian emigrants who settled in countries where children automatically acquired citizenship at birth. 

The Court’s decision may now provide an important path forward for many families previously affected by this issue. 

“This decision is enormously significant for Italian citizenship by descent applicants,” said Audra DeFalco, Director – Citizenship by Descent at Latitude.  

“For years, the Minor Issue created uncertainty for families whose claims were otherwise deeply rooted in Italian law and heritage. The Court of Cassation has now provided much-needed clarity, and for many applicants, that clarity could change everything.” 

Does This Mean Everyone With Italian Ancestry Can Now Apply? 

No. This ruling is highly significant, but it does not remove all restrictions on Italian citizenship by descent. 

Italy introduced major changes to citizenship by descent in 2025, limiting many claims through more distant ancestry and creating important filing deadlines and exceptions. The Court of Cassation’s own summary makes clear that the 2025 rules do not apply to judicial citizenship claims filed before March 27, 2025, which remain governed by the legislation previously in force. 

That means eligibility still depends on the applicant’s family line, dates of birth, naturalization history, filing history, and the specific route being pursued. 

The key point is that people who were previously blocked because of the ‘Minor Issue’ should now have their family history reviewed again by a qualified professional. 

“This is not a one-size-fits-all development,” said Audra DeFalco.  

“It is a major legal clarification, but every family line still needs to be assessed carefully. Dates matter. Naturalization records matter. Filing history matters. The applicant’s route matters. But for people who were told their case was impossible solely because of the Minor Issue, this decision may reopen a conversation that many thought was closed.” 

Who May Be Affected? 

This development may be especially relevant for applicants whose Italian citizenship by descent claim involves: 

• An Italian ancestor who emigrated abroad 
• A child born outside Italy in a country that granted citizenship by birth 
• A parent who naturalized as a foreign citizen while the next person in the citizenship line was still a minor 
• A previous rejection, delay, or concern based on the “Minor Issue” 
• A judicial case filed before the March 27, 2025 cutoff 
• A family line that may still qualify under Italy’s current citizenship-by-descent rules 

This does not mean every case will qualify. However, it does mean that families affected by this specific issue should consider obtaining an updated eligibility assessment. 

Why Professional Review Is Important 

Italian citizenship by descent cases are highly document-driven. Small differences in dates, records, names, naturalization timing, and family relationships can change the legal analysis. 

The recent Court of Cassation ruling makes it more important, not less, for applicants to understand their exact family line. 

A proper review should consider: 

• Whether the ancestor was an Italian citizen at the relevant time 
• Whether the next person in the line was born before or after naturalization 
• Whether the child acquired another citizenship automatically at birth 
• Whether any formal renunciation occurred after adulthood 
• Whether the claim was filed before relevant deadlines 
• Whether the case is affected by Italy’s 2025 citizenship reforms 
• Whether the applicant may still qualify under one of the surviving routes 

“People often come to us with one missing record or one misunderstood date, and that can completely change the outcome,” said Ms DeFalco.  

“The Minor Issue ruling is very encouraging, but applicants should not assume eligibility without a full review of their documents and family history.” 

What Should Applicants Do Now? 

Anyone who previously paused, abandoned, or was discouraged from pursuing an Italian citizenship by descent claim because of the ‘Minor Issue’ should consider having their case reviewed again. 

This is especially important for applicants with family lines passing through the United States, Canada, Brazil, Argentina, or other countries where citizenship at birth may have played a role. 

Those who already filed before key deadlines should also seek advice on how this ruling may affect their case. 

Italian citizenship by descent remains one of the most meaningful citizenship routes for people with Italian heritage, but the rules have changed significantly in recent years. This decision is an important development, but it must be understood in the context of each applicant’s personal family history and the current legal framework. 

Speak With Latitude 

Latitude’s Citizenship by Descent team helps clients assess Italian ancestry claims, review family documents, identify eligibility issues, and determine whether an application may be possible. 

If your Italian Citizenship by Descent case was previously affected by the ‘Minor Issue’, or if you are unsure whether your family line still qualifies, our team can help review your circumstances and advise on next steps. 

Speak with a member of our Citizenship by Descent team to assess your Italian citizenship eligibility, or speak to our wider team to explore your options more generally.