Legal guide
The minor issue.
The most complicated case.
If your ancestor naturalised while the next child in the chain was a minor, the citizenship application gets complicated. This is the most debated question in jure sanguinis.
Updated: April 2026 • Evolving
The problem in one sentence
When a father naturalised, did minor children lose Italian citizenship?
Art. 12 (Law 555/1912) says yes: children followed the father. Art. 7 says maybe not: those born in jus soli countries (like the US) who had local citizenship from birth could keep it. Which prevails? That’s the debate.
The history
Practical silence
Few raised the question.
Art. 7 favoured for 30 years
Authorities and courts favoured Art. 7. Thousands approved on this basis.
Reversal
Cassazione 17161/2023 and 454/2024: Art. 12 prevails over Art. 7.
Sezioni Unite
The Supreme Court addressed the question for a definitive interpretation.
Does it apply to you?
Did your ancestor naturalise as American?
Yes →
Go to next.
No \u2192
Doesn’t apply.
Was the next child already born?
Yes →
Go to next.
No \u2192
Naturalisation irrelevant for that child.
Was that child a minor?
Yes →
The minor issue applies. Age of majority: 21 before 1975, 18 after.
No \u2192
Already of age. Doesn’t apply.
Pre-1912
Before July 1 1912 (1865 Civil Code Art. 11): naturalisation = automatic loss for father AND minor children, regardless of birthplace. No Art. 7 protection.
Common questions
Does it apply to me?
Only if your ancestor naturalised WHILE the next child in the chain was a minor. If the child was already of legal age, no.
What does the law say now?
Evolving. For 30+ years Art. 7 was favoured. Cassazione 2023–2024 reversed. Sezioni Unite addressed it on April 14 2026.
Age of majority back then?
Before March 8 1975: 21. After: 18. Use the one in effect at the time of naturalisation.
What about pre-1912?
Under 1865 Civil Code Art. 11, automatic loss for father AND minor children. No Art. 7 protection.
Sources
- Legge 555/1912 Art. 7, 12 — normattiva.it
- Codice Civile 1865 Art. 11
- Cass. 17161/2023, 454/2024
- Sezioni Unite, April 14 2026
Informational guide. This area of law is evolving. Consult a specialised attorney.