Italian Citizenship by Descent (Iure Sanguinis): Supreme Court Clarifies the "Minor Issue", but Each Case Requires Specific Assessment

Judgment No. 24045/2026 of the Joint Sections of the Italian Supreme Court of Cassation has finally resolved the so-called “Minor Issue”, one of the most controversial issues concerning Italian citizenship by descent (iure sanguinis).

 

The Court held that, where the child of an Italian ancestor was born in a country that grants citizenship by ius soli, such as the United Kingdom, the United States, Canada, Argentina or Brazil, any subsequent naturalisation of the Italian parent does not interrupt the transmission of Italian citizenship, as the child already held foreign citizenship from birth.

 

The ruling represents an important clarification and provides greater certainty in the many proceedings that are still pending.

 

However, the decision does not override the restrictions introduced by the recent reform of Italian citizenship law, which continues to establish specific requirements for the recognition of citizenship by descent for descendants of Italians who emigrated abroad.

 

Furthermore, the Court did not rule on certain particularly complex circumstances, such as cases involving descendants of an Italian grandfather who acquired foreign citizenship while his child was still a minor. There is currently no settled body of case law governing these situations.

 

For this reason, despite the resolution of the “Minor Issue”, it is not possible to draw general conclusions. Each application must be assessed individually, taking into account the family history, dates of birth, any naturalisation events and the impact of the legislation currently in force.

 

Even where potential issues arise, a careful legal assessment may help identify the most appropriate strategy, including, where the relevant requirements are met, pursuing the matter before the courts.

 

Giambrone & Partners assists clients worldwide with Italian citizenship recognition procedures, providing qualified advice both in administrative applications and court proceedings. Giambrone & Partners' international presence and multi-lingual, multi-jurisdictional lawyers enables us to assess each case in light of the legislation currently in force and the latest developments in case law.

 

For more information please contact client.services@giambronelaw.com