With judgment No. 24045 of Jul. 26th 2026, the Joint Chambers of the Italian Court of Cassation ruled on the long-disputed interpretation of Articles 7 and 12 of Law No. 555/1912, bringing an end to the judicial debate surrounding the so-called “minor issue”.
The Court’s decision
The Court established the following principles of law:
- Article 7 of Law No. 555/1912 applies where a non-emancipated minor is born in a jus soli country to an Italian parent and automatically acquires that country’s citizenship at birth. In these circumstances, the child retains Italian citizenship even if the parent later naturalizes as a foreign citizen and, as a result, loses Italian citizenship.
Example: Marco was born in the United States in 1920 to an Italian father, who naturalized as a US citizen in 1925. Since Marco acquired US citizenship automatically at birth under the principle of jus soli and was therefore already a dual citizen, he retained his Italian citizenship despite his father’s subsequent naturalization and loss of Italian citizenship.
- Article 12 of Law No. 555/1912 applies where a non-emancipated minor holds exclusively Italian citizenship and, solely as a consequence of the parent’s loss of Italian citizenship, acquires a foreign nationality derivatively while sharing the parent’s residence.
Example: Luca was born in Italy in 1920 to an Italian father and held only Italian citizenship at birth. When his father naturalized as a US citizen in 1925, Luca acquired US citizenship derivatively while residing with his father.
What this ruling means?
The Joint Chambers’ decision provides a definitive interpretation of the previous citizenship framework. It confirms that a child who has been a dual citizen from birth does not automatically lose Italian citizenship as a result of a parent’s naturalization. Instead, Italian citizenship may be lost only through a valid renunciation made after the individual reaches the age of majority or becomes emancipated (in other words: Married before reaching the age of majority and therefore no longer subject to the parent).
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Attention: if you have not yet submitted your citizenship application, we encourage you to verify whether you meet the requirements established under the new legal framework (Law No. 74/2025).
If you would like further information or wish to receive an assessment on your eligibility, please contact our Citizenship Department: citizenship@mazzeschi.it
This article was written by Giuditta De Ricco, Francesca Falchi and Greis Muca.
