The Italian Supreme Court (Corte di Cassazione – Sezioni Unite) issued an important judgment on 26th July 2026 providing welcome clarification on one aspect of the so-called “minor issue” in Italian citizenship by descent (jure sanguinis) cases.
Link to Cassazione judgement no. 24045/2026
The Court confirmed that a child born abroad who automatically acquires the citizenship of their country of birth does not lose Italian citizenship simply because their Italian parent subsequently acquires a foreign nationality while the child is still a minor.
The decision recognises that where a child acquires a foreign citizenship automatically by operation of law at birth, rather than by choice or through a voluntary act, this does not interrupt the transmission or retention of Italian citizenship.
This judgment is a significant development for many families whose ancestors emigrated from Italy, particularly those from countries where citizenship is automatically granted by birth.
However, the decision does not resolve all issues surrounding the “minor issue”. Other questions concerning the interpretation of historical citizenship laws remain the subject of ongoing litigation and further judicial guidance is expected.
We will continue to monitor developments closely and assess how this judgment will be applied by the Italian courts and public authorities. If you believe this decision may affect your eligibility for Italian citizenship, please contact our team for tailored legal advice.