Italian Citizenship through Motherhood
“Ius Sanguinis” through the maternal line: The process of obtaining Italian citizenship through judicial recognition.
"Ius Sanguinis" through the maternal line:
Individuals who have a female ancestor in their lineage who had children before January 1, 1948 (the date when the Italian Constitution came into effect) cannot apply for recognition through administrative channels, such as Italian consulates or municipalities. However, these descendants can obtain recognition of Italian citizenship “ius sanguinis” through their maternal line by initiating legal proceedings in Italy.
Example 1:
- Giuseppe (Italian)
- Antonia (Italian daughter married to an American in 1930)
- John (born in 1932)
In this case, all of John’s descendants can acquire Italian citizenship only through the court process.
Example 2:
- Giuseppe (Italian)
- Antonia (Italian daughter married to an American in 1943)
- John (born in 1948)
In this case, all of John’s descendants can obtain Italian citizenship through administrative means (Consulate or Comune in Italy) or the judicial process.
What is Italian citizenship through Motherhood?
The Constitution of the Italian Republic, promulgated on December 22, 1947, introduced a significant change that still causes confusion regarding citizenship through motherhood.
Prior to the Constitution’s promulgation, only men could acquire Italian citizenship. In theory, children of Italian women born before 1948 would not be entitled to citizenship, while those born after that date would be.
To address this inequality, the Judicial Process through the Maternal Line was established in Italy, allowing even those born before 1948 to potentially obtain Italian citizenship based on the country’s jurisprudence and the principle of legal analogy.
Italian citizenship through motherhood is a legal action available to descendants whose family lineage includes a woman whose child was born before 1948. The process, conducted in Italy, can take between 9 and 24 months, and the client does not need to leave America at any stage. The decision regarding the process will be based on the supporting documentation provided by the applicants.
Our office will handle the case and represent the applicant through a power of attorney granted to a duly registered lawyer in Italy. Upon conclusion of the process, the judge will determine whether to grant the recognition request.
In the case of a positive decision, the judge will order the birth commune of the Italian ancestor to transcribe the documents of all family members involved in the process.
Get help from experienced and qualified professionals
Our office provides assistance to clients throughout the entire judicial process, including the transcription of certificates in the municipality. Applicants do not need to be physically present in Italy.
Please note that all the information provided is for informational purposes only and does not constitute legal advice.
