Italian Citizenship: Parent's Naturalization Does Not Affect Child
Italian court ruling confirms: parent's naturalization in another country does not automatically cause child to lose iure sanguinis citizenship rights.
An Italian court decision has reignited debate over one of the most sensitive points in citizenship recognition by descent: the effects of a parent's naturalization on the child's rights. According to the Italian press, the ruling confirmed that a parent's naturalization in another country does not, in itself, automatically result in the loss of Italian citizenship for the child — when the child was already an adult at the time of naturalization — reinforcing the favorable understanding of rights transmission by ius sanguinis even in dual nationality contexts.
What the Italian Court Decided
According to the Italian press, the case analyzed involved a classic situation of dual citizenship — a term used to describe those who possess or possessed two nationalities simultaneously. The discussion centered on whether the fact that the parent naturalized as a citizen of another country would have automatically interrupted the chain of transmission of Italian citizenship to the descendant, who was already an adult when the naturalization occurred.
The decision moved in the direction that the parent's naturalization, in isolation, is not sufficient to extinguish the right of an adult child to Italian citizenship by descent. The understanding reinforces an interpretive line that had already been applied in other rulings: the transmission of the blood bond with Italy does not automatically break simply because the parent acquired another nationality, and it is necessary to observe the specific circumstances of each case, such as the legislation in force at the time of the facts, the age of the descendant at the time of naturalization, and when it occurred.
This is an important clarification, as the matter often generates confusion among applicants and even in administrative analysis, frequently confused with another distinct situation: the so-called minor issue, provided for in article 12, paragraph 2, of Lei 555/1912, which addresses the automatic loss of citizenship of children under eighteen when the parent naturalized in a foreign country under certain conditions of that legislation. The ruling now reported addresses a different scenario — involving a descendant already of legal age — in which the parent's naturalization was not sufficient, in itself, to break the transmission of the right to the descendant.
To follow other developments in Italian courts on the topic, Raízes Italianas maintains ongoing coverage in News from Italy.
Why This Matters for Descendants in Brazil
The practical relevance of this decision for the Brazilian public is direct. A large portion of Italian descendants in Brazil has an ancestor in their family tree who naturalized as Brazilian before 1948 — a date often used as a reference in discussions about citizenship transmission and the so-called maternal line in recognition processes. Cases of naturalization of a parent, grandparent, or great-grandparent are recurring in processes analyzed by those seeking Italian Citizenship, and frequently generate doubts about whether this fact interrupts the chain of descent — making it essential to verify the descendant's age at the time of naturalization, as this is the central distinction between this type of case and the so-called minor issue.
Rulings such as this can strengthen arguments in administrative and legal proceedings for recognition, especially given the scenario created after the Decreto Tajani (Decreto-Law 36/2025, converted into Lei 74/2025), which significantly restricted the avenues for recognition of Italian citizenship. Since the change, consular recognition has been limited to children and grandchildren of Italians, and the comune has stopped performing, in most cases, administrative recognition for foreign descendants resident who seek the right autonomously. This means that for many descendants of more distant generations, the judicial route has become the necessary path — and it is precisely in this context that precedents regarding naturalization and citizenship transmission gain weight.
It is worth reiterating that the judicial route continues to exist, but is now subject to the new restrictions brought by the decree, making it even more important to conduct a careful and individualized analysis of each family history before any decision on how to proceed with the process.
Given this scenario, specialists often recommend that the applicant carefully reconstruct the naturalization history of their ancestors, identifying dates, applicable legislation at the time, the age of descendants involved, and any records that prove whether or not naturalization occurred — and under what conditions. This type of research is frequently conducted through certificate searches in Italy, a step that typically precedes any evaluation of the viability of recognition.
For those thinking of moving to Italy after obtaining recognition, Raízes Italianas also provides content about daily life in the country in Life in Italy.
The ruling noted by the Italian press does not, by itself, resolve all controversies involving naturalization and citizenship transmission, but it indicates an interpretive trend that may be relevant to thousands of Italian descendants scattered throughout Brazil. Given the complexity of the topic and recent changes to legislation, detailed analysis of each specific case remains essential.
Want to know if you have the right to Italian citizenship? Speak with specialized Italian citizenship advisory services.
Source: Italian Press
