Are children born to Italian women before 1948 Italian citizens?

Italian law is based on the principle of ius sanguinis, whereby children of Italian citizens, without limitation of generations, are Italian citizens.

But has it always been so?

Until 1992, the law governing Italian citizenship - Law No. 555/1912 - provided that only men could transmit Italian citizenship to their children, while Italian women were excluded from this possibility.

This discrimination disappeared with the entry into force of the Italian Constitution on January 1st, 1948, which, however, did not have retroactive effect: from this it followed that children born to Italian women before 1948 could still not be automatically recognized as Italian.

What has changed?

It took more than 50 years for the situation to change: ruling No. 4466/2009 of the Supreme Court of Cassation finally ruled that Italian citizenship can also be transmitted by Italian mothers by birthright, declaring the unconstitutionality of the rule that provided otherwise.

The ruling, although it brought about a radical change and the elimination of the previously existing inequality between Italian men and women, was not implemented through an amendment to Italian citizenship law, so Italian consulates continue to this day to refuse to recognize the transmission of citizenship by motherhood to those born to Italian mothers before 1948, who are left with the only option of proceeding through a legal case to the court of the place where the Italian ancestor was born.

The characteristics of the judicial proceeding

The legal action for recognition of Italian citizenship must be filed with the civil court of the place where the Italian ancestor was born (until June 2022, however, only the Court of Rome had jurisdiction) against the Ministry of the Interior.

Once the application has been filed with the assistance of a lawyer, the Court will analyze the documentation (which will be the same as in the case of an application for recognition filed before the Italian consular representations), and in case of a positive outcome at the end of the procedure-which usually lasts about 2 years-will certify the applicant's right and his or her status as an Italian citizen, ordering the necessary transcriptions and registrations in the civil status registers.

Your Way to Italy: our assistance

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Article written by Alessia Ajelli, Managing Associate of LCA Studio Legale, Italian lawyer specialized on Italian immigration and citizenship law, and Paolo Grassi, Trainee of LCA Studio Legale.