The 1948 Case in Italian Citizenship

If you are just starting to learn about Italian dual citizenship, you may come across something called the 1948 Rule. Many people first discover it while tracing their family line and asking why their Italian grandmother cannot pass citizenship the same way an Italian grandfather can.

If you’re exploring Italian citizenship, the 1948 Rule can seem confusing at first, but once you understand what it is and how it works today, you will see that it does not automatically block your path. In many cases, it simply means you follow a different process.

This beginner-friendly guide explains what the 1948 Rule is, why it exists, how Italian courts have addressed it, and how the 2025 legal changes affect people applying now.

Why the 1948 Rule Exists

To understand the 1948 Rule, it helps to look at how Italian citizenship worked in the early 1900s. Italy passed a law in 1912 (Law No. 555) that said Italian citizenship was normally passed down by the father. Italian mothers could still be citizens themselves, but their children did not automatically inherit that citizenship unless special circumstances applied. The father’s status was treated as the deciding factor.

This older setup created problems for families where an Italian woman moved abroad, married a non-Italian man, and had children outside Italy. Those children were usually not considered Italian citizens under the law at the time. Decades later, their descendants would discover that their Italian line seemed to “stop” with the woman, even though she had been fully Italian.

What Changed in 1948

On January 1, 1948, Italy adopted its modern Constitution: Costituzione della Repubblica Italiana. One of its core principles is equality for men and women. This included the right to pass citizenship to children on equal terms. From that day forward, children born to Italian mothers were treated the same as children born to Italian fathers.

This created a natural dividing line:

• Children born before January 1, 1948: Citizenship usually followed only the father
• Children born on or after January 1, 1948: Citizenship could pass from either parent

Italy never rewrote the old records, so the change did not fix earlier generations automatically. It simply meant that mothers could transmit citizenship from 1948 onward.

Why Consulates Still Apply the Cutoff

Even today, Italian consulates use the 1948 cutoff when reviewing citizenship by descent. Their instructions are based on the old law combined with the court decisions that followed. Consulates are required to deny applications that rely on a woman who had her child before January 1, 1948. This is standard procedure and not a sign that anything is wrong with your documents.

This is why many families experience confusion. Two siblings may qualify differently if one of them was born before 1948 and the other after. Or two cousins may discover that their path depends on which side of the family they follow. The consulate is simply applying the administrative rule it must follow.

How the Courts Stepped In

Although consulates cannot make exceptions, Italian courts can. Over time, judges recognized that treating mothers and fathers differently conflicted with the equality principle in the Constitution. Several rulings in the 1970s and 1980s supported this idea. In 2009, Italy’s highest civil court (the Court of Cassation) confirmed in Judgment No. 4466 that the Constitution’s equality rule applies even to children born before 1948.

This decision opened the door for families who had been excluded. If you can prove that your Italian female ancestor was still an Italian citizen when her child was born, and the rest of your family line meets the usual requirements, a court can recognize your citizenship even if the consulate must deny it.

This type of judicial process is now known as a “1948 case.”

Where 1948 Cases Are Filed Today

For many years, nearly all 1948 cases were filed in the Civil Court of Rome. That changed in 2022. For applicants who live outside Italy, cases are now filed in the court that serves the area where the Italian ancestor’s town of birth is located. If your ancestor came from Milan, the case goes to the Milan court. If they came from Palermo, the Palermo court hears the case. This helps spread the workload and can speed up the process.

In most 1948 cases today, you do not need to travel to Italy or appear in court. Your attorney handles filings and communication with the judge, the comune, and the clerk’s office, and many hearings are completed through written submissions.

Documents You Need for a 1948 Case

Even though an Italian citizenship 1948 case is a court action, the documents needed are similar to a standard jure sanguinis (citizenship by descent) application. In simple terms, you must show three things:

1. Your Italian ancestor was Italian at the time their child was born
2. Citizenship passed from generation to generation without interruption
3. You are directly descended from that line

To prove this, you usually gather:

Italian ancestor’s documents

• Birth certificate from the Italian comune
• Marriage certificate
• Death certificate (if applicable)
• Naturalization proof showing they did not become a foreign citizen before the next generation’s birth

Documents for each generation

• Birth certificates
• Marriage certificates
• Death certificates
• Adoption papers if relevant
• Court-ordered name or date corrections (if needed)

Naturalization evidence

You must show that the Italian ancestor did not give up Italian citizenship before their child was born. This may involve:

• USCIS searches
• National Archives records
• County court checks
• “No record” naturalization letters
• Census entries to support your case

Your own documents

• Birth certificate
• Marriage certificate (if applicable)
• Government ID
• Apostilles and translations for all non-Italian records

Collecting documents is often the most time-consuming part of the process. Errors such as missing names or incorrect dates must be fixed before filing.

What the 1948 Court Process Looks Like

A typical case follows this general path:

1. Initial review of your family line
2. Requesting and correcting documents in Italy and abroad
3. Filing the case in the correct Italian court
4. A judge is assigned and reviews the paperwork
5. The court issues a written judgment
6. The judgment is sent to the comune
7. The comune registers you as an Italian citizen
8. You can then apply for an Italian passport

How the 2025 Law Changed the Process

In 2025, Italy revised its citizenship law through Decree-Law 36/2025, later converted into Law 74/2025. These changes did not eliminate the possibility of 1948 cases, but they added new conditions that courts must now evaluate for people filing after March 27, 2025.

The biggest change is that people born abroad with another citizenship are not automatically considered Italian at birth unless they meet the new requirements. To qualify under the updated system, you must show that your family meets one of two conditions:

1. The “exclusive Italian citizenship” route

A parent or grandparent in your direct line must have held only Italian citizenship when the next generation was born.

If that person became a citizen of another country before the birth of the child in the line, the claim may not meet this condition.

2. The “residence in Italy” route

A parent must have lived legally in Italy for two continuous years after acquiring Italian citizenship and before the applicant’s birth. This shows a direct, living connection to Italy even when more than one citizenship is involved.

If your family meets either of these paths, the rest of the jure sanguinis rules still apply, including naturalization checks, accurate documents, and an unbroken line of citizenship.

For people filing 1948 court cases after March 27, 2025, judges must apply these new standards when reviewing the family line. This means that 1948 cases still exist, but they now operate inside a newer, narrower framework that focuses heavily on close generations and the strength of your family’s ties to Italy.

The Italian Supreme Court’s United Sections (Sezioni Unite) are expected to issue a ruling in 2026 that may further clarify how Law 74/2025 applies to 1948 cases and whether the new restrictions can be applied retroactively.

Example Scenario

Imagine your Italian grandmother was born in Naples in 1915. She moved to the United States and had your mother in 1943. Under the consulate’s rules, you cannot apply through the administrative path because your mother was born before 1948.

However, if your grandmother had not become a U.S. citizen before 1943, and your family line stayed intact, a court can recognize that you are Italian by birth. Under the 2025 law, the judge will also check whether your line meets the generational or residence requirements. If it does, you can be recognized and later apply for an Italian passport.

Why a Consulate Denial Is Normal

Many 1948 cases begin with a consulate denial letter. This is common and often expected in practice because the consulate cannot apply court precedents. The denial is simply a confirmation that your path must go through the courts.

Think of it this way: The consulate follows the old cutoff. The court applies the modern interpretation.

How ITAMCAP Helps

The 1948 Rule in Italian citizenship can be confusing for those new to the subject, especially because the process involves both old laws and updates from 2025.

If you think you may qualify for dual Italian citizenship through a female ancestor, the next step is to have your family line carefully reviewed. ITAMCAP can look over your documents, explain your options in plain language, and help you decide whether a 1948 case for Italian citizenship is the right path for you. Contact ITAMCAP today for a free phone evaluation.