Italy's Top Court to Rule on Citizenship-by-Descent Reform in 2026

Italy's highest civil court is preparing a decision that could reshape citizenship-by-descent claims for Italian-Americans. On January 13, 2026, the joint divisions of the Court of Cassation in Rome are scheduled to hear two cases that test how Italy applies its 2025 citizenship reform. For anyone tracing Italian ancestry, the ruling could clarify rules that have been in flux since the law changed.

The Background

In spring 2025 Italy passed Decree-Law 36/2025, later converted into Law 74/2025, sharply restricting the traditional jure sanguinis system that had allowed citizenship to pass down through unlimited generations of emigrant descendants. The reform set a cutoff and tightened who can be recognized, leaving many families uncertain about claims they had been preparing for years.

The Retroactivity Question

The first issue is whether the new restrictions can reach cases that were already filed before the reform took effect. Applicants who submitted complete files before the late-March 2025 deadline have generally been treated as protected, but the court is being asked to address head-on whether a later law can apply to pending matters. A clear answer would tell thousands of claimants where they stand.

The 1912 Naturalization Trap

The second issue concerns a provision from Italy's 1912 citizenship law under which a child automatically lost Italian citizenship when a parent naturalized abroad, regardless of the child's consent or any second nationality held at birth. Because a large share of Italian emigrants naturalized while their children were minors, many people who assume they qualify through a grandparent may find the chain was broken generations ago. The court will consider whether that involuntary loss can still bind descendants today.

What It Means for Applicants

• Files completed and submitted before the 2025 deadline are generally treated as grandfathered, pending the ruling
• Claims that pass through an ancestor who naturalized while a child was a minor face the 1912 problem
• Gathering vital records and naturalization dates now will help you understand your own chain

This is a developing legal story, not legal advice, and outcomes will depend on the court's reasoning and how consulates and tribunals apply it. If your line runs through Italy, the most useful step is to map your documents and dates before the decision lands. Run the free eligibility check to see your path.