Italian Citizenship Assistance

Italian Citizenship By Descent–Jure Sanguinis

Italian citizenship (cittadinanza italiana) is based on the principle of jure sanguinis, meaning that a child born to an Italian father or mother is also an Italian citizen.

To be recognized as an Italian citizen by descent, no cultural, territorial, or temporal requirements are necessary. For example, the parent from whom the child derives citizenship does not need to be aware of their own Italian nationality. Therefore, a person is an Italian citizen by descent from birth, even if they are born abroad to a parent who was mistakenly believed to be stateless or holding a different nationality at that time. This principle, known as jure sanguinis, comes from Latin and means “right of blood.” It allows individuals to claim Italian citizenship through their Italian ancestors, a process that has become particularly relevant due to the mass emigration of Italians in the late 19th and early 20th centuries. Non-Italian nationals with Italian-born ancestors can therefore claim dual Italian citizenship by proving their Italian ancestor. Importantly, acquiring Italian citizenship does not require one to renounce their current citizenship(s); new Italian citizens can hold multiple passports.

However, if your lineage originates from a woman who gave birth to your ancestor prior to 1948, you might not be able to use the typical jure sanguinis path.

Citizenship Denied?

We also provide assistance in cases of denial of citizenship by descent during the administrative process, when the competent authority—whether an Italian municipality or a consulate abroad—determines that, according to civil status regulations, the right to recognition does not exist and consequently rejects the applicant’s request.

What is the 1948 Rule for Italian Citizenship?

The 1948 rule, also known as the “rule of 1948,” affects how certain cases for recognition of dual Italian citizenship are handled for individuals seeking Italian dual citizenship by descent through maternal lineage.

The law on Italian citizenship no. 91 of February 5, 1992, is based on the principle of equality between men and women. Both transmit citizenship to their children as provided by article 1.

The previous laws (number 555/1912, art 1 and art 4 Codice del Regno d’Italia) did not recognize the principle of equality between men and women and, on the contrary, provided that only the child of a citizen father was normally an Italian citizen. Additionally, children born to an Italian citizen and a foreign citizen could not be recognized as Italians if the mother had acquired foreign citizenship through marriage.

On January 1, 1948, the Italian Constitution came into force, establishing equal rights for men and women. Only in 1983 did the Italian Constitutional Court declare unconstitutional article 1 of law no. 555 of 1912, in the part in which it did not provide that the child of a citizen mother is also a citizen by birth.

The ruling of the Constitutional Court was a pioneer to Law No. 123, approved in April of the same year, 1983, which allowed the transmission of Italian citizenship to children through the mother, introducing the principle of moral and legal equality between men and women in the Italian legal system regarding the transmissibility of this right to children.

For those born before 1983, the Italian Government requested an opinion from the Consiglio di Stato, the court that has advisory functions and jurisdictional functions in the administrative field. The ruling of the Consiglio di Stato (opinion n. 105 April 15, 1983) affirmed that the equality principle applies only to children born after January 1, 1948—this being the date the Italian Constitution was adopted. For this reason, Italian consulates and city halls only accept applications for Italian citizenship from children born to an Italian mother after January 1, 1948.

The United Sections of the Court of Cassation (Corte di Cassazione) followed in 2009, which extended the equality principle to cover cases of citizenship transmission where the claimants were born to an Italian mother before 1948.

The 1948 Rule and loss of citizenship through marriage

Before 1948, Italian women could automatically lose their citizenship by marrying a foreign national. This discriminatory practice changed in 1975 when the Italian Constitutional Court made a significant ruling stating that women should not automatically forfeit their citizenship upon marrying a non-Italian citizen. However, this ruling did not apply retrospectively to marriages that took place before 1948.

The 2009 precedent from the Court of Cassation (the 1948 Rule) changed that. This ruling allowed Italian women who had lost their citizenship through pre-1948 marriages to regain their national status.

The law on Italian citizenship no. 91 of February 5, 1992, is based on the principle of equality between men and women.

STEP 1: Gather the documents

First, you need to gather all the so-called vital documents: birth, death, marriage, divorce, immigration certificates, and, when applicable, the naturalization certificate of the ascendants. If there have been name changes, the relevant documents must also be produced.

STEP 2: Legalize the documents

All non-Italian documents proving lineage must be legalized through an apostille if your country is a signatory to the Hague Convention. This means they must be accompanied by a document certifying their signature. The apostille legalizes the documents and verifies their authenticity.

If your country is not a signatory to the Hague Convention, the documents must be legalized through the Italian Embassy or Consulate in your country.

STEP 3: Translate the documents

Once you have legalized the documents, they will have to be translated to Italian.

They can also be translated in Italy by a professional translator who will swear before the court to the accuracy of their translation.

We collaborate with translators and can handle the translation for you.

STEP 4: Legal Representation

You will need an attorney to represent you in court, to whom you will have to send all the original documents. Photocopies are not accepted by the Court. We can represent you in Court, ensuring all legal matters are handled
proficiently. Your presence is not required in Italy; we will represent you through a power of attorney.

STEP 5: Filing the Petition

The petition has to be filed in the Italian court on your behalf, presenting evidence of your eligibility under the 1948 Rule. The competent court to decide is the one that has jurisdiction over the territory in which your ancestors were born.

STEP 6: Court Proceeding

The court will review your case. The process may take one to three years or longer, depending on the workload of the competent court.

STEP 7: Registering Vital Records and Finalizing Your Italian Citizenship

After receiving a favorable ruling from the judge, you will be issued a court order. All the vital records you have gathered must now be registered with the Italian
municipality (comune) where your ancestor was born.

This court order is essential for completing this last step. Each comune has its own set of policies and procedures that you will need to follow for proper registration.

We can assist you in this process.