We would like to inform applicants for recognition of Italian citizenship by descent about important developments, introduced by recent rulings of the Italian Supreme Court of Cassation (Cass. Civ. Sez. I, ord. No. 454/2024 and No. 17161/2023) and by Circular No. 43347, dated October 3, 2024, from the Italian Ministry of the Interior, issued in application of new interpretative guidelines set forth by the aforementioned judicial authority.
In accordance with these guidelines, the circular clarifies that an Italian citizen who, under the 1912 law (and previously under the Italian Civil Code of 1865), lost Italian citizenship due to the voluntary acquisition of foreign citizenship also caused the automatic loss of Italian citizenship for any minor child residing with him. This rule applies even if the child was born in a country such as the United States, where the principle of jus soli (right of the soil) is in effect. In such cases, the child would have dual citizenship at birth: Italian by descent (jus sanguinis) through the father, and foreign by virtue of birthplace under jus soli.
As a result, the transmission of citizenship is considered interrupted. From the date of the father’s naturalization, the minor child no longer has the capacity to transmit Italian citizenship to future descendants.
However, the applicant may provide evidence that their ancestor, who initially lost citizenship due to the reasons outlined above, later reacquired Italian citizenship upon reaching adulthood. In such instances, the reacquisition must have occurred before the birth of the applicant’s direct-line descendant. If this is the case, the line of descent may be considered restored
