Italian Citizenship through Maternal Line before 1948

It is well known that descendants of an Italian citizen may obtain recognition of Italian citizenship jure sanguinis (by right of blood).

However, difficulties may arise when, within the family lineage, there is a woman whose child was born before January 1, 1948 (the date on which the Italian Constitution entered into force), or when the Italian ancestor married a foreign national.

Prior to the Constitution, Law No. 555/1912 provided that only the father could transmit citizenship to his children. No provision granted the same right to a mother who was an Italian citizen.

Moreover, the same law established that an Italian woman automatically lost her citizenship upon marrying a foreign national. In both situations, this resulted in an interruption in the transmission of citizenship.

For these reasons, Consulates and Municipalities cannot process citizenship recognition through administrative procedures.

Judicial recognition of citizenship

Despite the denial by administrative authorities, recognition of citizenship through the maternal line may still be obtained by filing a petition before an Italian court.

This possibility stems from Constitutional Court Judgment No. 30/1983, which declared unconstitutional the provision of Law No. 555/1912 insofar as it excluded the transmission of citizenship from mother to child.

The Court also addressed the automatic loss of citizenship by women who married foreign nationals. With Judgment No. 87/1975, it ruled that such automatic loss was unconstitutional, as it violated the principles of equality and spousal parity established by Articles 3 and 29 of the Constitution.

According to subsequent case law, Italian citizenship must therefore be recognized by judicial decision for women who lost it due to marriage to a foreign national prior to 1948, since such loss resulted from discriminatory legislation.

Likewise, children born before 1948 to an Italian mother are also entitled to recognition of citizenship, as the failure to transmit citizenship was due to an unconstitutional law. This principle was confirmed by the Joint Sections of the Supreme Court of Cassation in Judgment No. 4466/2009.

In essence, the effects of discriminatory provisions ceased as of January 1, 1948, and the right to citizenship, being imprescriptible, may be asserted at any time.

How to proceed

To obtain Italian citizenship through the maternal line in cases prior to 1948, it is necessary to file a petition before the competent Italian Court.

Jurisdiction lies with:

• the Court of the place of birth of the Italian ancestor, if the applicants reside abroad; or

• the Court of the applicants’ place of residence, if they live in Italy.

  
  

Legal representation by an Italian attorney is mandatory. However, personal presence in Italy is not required, as the procedure may be handled through a special power of attorney.

The required documentation is the same as that requested for the administrative citizenship recognition procedure.

Required documentation

The following documents must be attached to the application:

• a certified full copy of the birth certificate of the Italian ancestor who emigrated abroad, issued by the Italian Municipality where the birth was registered;

• full birth certificates of all descendants in the direct line, including that of the applicant;

• full death certificates of deceased direct-line ancestors;

• the marriage certificate of the Italian ancestor who emigrated;

• marriage certificates of all direct-line descendants, including those of the applicant’s parents;

• a certificate issued by the competent authorities of the country of emigration confirming that the Italian ancestor did not acquire foreign citizenship before the birth of the next descendant in the line;

• a certificate issued by the competent Italian Consular Authority confirming that neither the direct-line ancestors nor the applicant ever formally renounced Italian citizenship pursuant to Article 7 of Law No. 555 of June 13, 1912;

• a certificate of residence, if the application is submitted in Italy.

  
  

Pursuant to Presidential Decree No. 445/2000, all documents issued abroad must be translated into Italian and duly legalized by the Italian Consular Authority or provided with an Apostille if the issuing country is a party to the 1961 Hague Convention.

Once the court verifies descent from an Italian woman, it will issue a judgment declaring the applicants to be Italian citizens. Processing times vary depending on the court, but on average the procedure takes approximately one year.

The judgment is then forwarded to the competent Municipality, which proceeds with registration in the civil status records.