Italian Citizenship: Maternal Line Before 1948 and the 1948 Rule

Italian citizenship law allows those of Italian descent to obtain recognition of citizenship, subject to certain conditions. In some cases, people with maternal Italian heritage might be denied based on the date their mother was born. Why does the 1948 rule exist—and will it really prevent you from becoming a dual Italian citizen if you would otherwise qualify?

What Is the 1948 Rule?

The 1948 rule in Italian citizenship procedure came about because of a 1912 law that generally allowed citizenship to be passed on only through the father’s line. Under Law No. 555 of 1912, Italian nationality was automatically transmitted by the father to his children. Mothers could pass it on only in exceptional cases: if the father was unknown or stateless, or if the child failed to acquire the father’s foreign nationality.

As a result of this law, most children born abroad to Italian mothers and foreign fathers before 1948 were not considered Italian citizens at birth.

The Constitutional Break in 1948

The Italian Constitution, which was adopted on January 1, 1948, established the principle of equality between men and women. From that date forward, Italian women could transmit citizenship to their children on the same basis as men. This marked a constitutional break from the 1912 rule and created the distinction now known as the “1948 Rule.”

Therefore, descendants of female Italian ancestors can apply for citizenship jure sanguinis (“by right of blood”) if they meet the requirements, but administratively only if their mother was born after January 1, 1948. Those whose maternal ancestors were born before that date must seek recognition through the courts.

Judicial Recognition of Gender Equality

In 1975 and again in 1983, the Italian Constitutional Court declared the gender-based limitations of the 1912 law unconstitutional, emphasizing that nationality must not depend on a parent’s sex. Law No. 123 of 1983 formally implemented these principles, confirming that women could pass citizenship to children born after the law’s enactment.

For individuals born before 1948 to Italian mothers, the courts later provided a remedy. In a landmark 2009 judgment (Cass. n. 4466/2009), the Court of Cassation held that the constitutional equality clause applies retroactively, allowing descendants of pre-1948 Italian mothers to claim citizenship through judicial recognition. These are commonly referred to as “1948 cases.” Italian citizenship rules still recognize this precedent, but new filings must also satisfy the limits introduced in 2025.

Impact of the 2025 Reform

Today, this judicial route remains available, but it now operates alongside the new framework introduced by Law 74/2025 (converting Decree-Law 36/2025). The 2025 reform limits automatic recognition to applicants with a parent or grandparent born in Italy and requires proof of a genuine link for more distant generations.

While the principle of gender equality continues to stand, the new generational restrictions may affect future 1948 claims until the Supreme Court’s Sezioni Unite (United Sections) issue further guidance in 2026.

How the 1948 Rule Affects the Italian Dual Citizenship Process

To illustrate how the maternal line before 1948 works, let’s assume your grandmother was born in Italy and did not become a naturalized U.S. citizen before your mother’s birth. This could qualify you for dual citizenship:

• If your mother was born before 1948, you would not automatically qualify under the 1912 law, which recognized only paternal transmission of citizenship. However, descendants in this situation may still obtain recognition by filing a judicial claim in Italy.
• On the other hand, if your Italian mother was born after January 1, 1948, then you will likely qualify for dual citizenship status, provided she did not naturalize as a U.S. citizen before the next generation’s birth.

After Law 74/2025, applicants must also satisfy the new generational and residence criteria. Those who filed before March 27, 2025, continue under the previous rules. New petitions must show either (a) a parent or grandparent who was exclusively Italian (held no other citizenship) at the time of the applicant’s birth, or (b) that the parent resided in Italy for two continuous years before the applicant’s birth.

For children born on or after May 24, 2025, parents must make a formal declaration within one year of birth (€250 per child). For minors who were under 18 on May 24, 2025, a transitional window allows declarations until May 31, 2026; if the child turns 18 before May 31, 2026, they must file the declaration personally by that date.

Will My Application Be Rejected Because of the 1948 Rule?

The Italian Supreme Court has been reviewing cases where qualified people are challenging the 1912 rule. Judicial challenges in Italian courts have been successful in many 1948 cases. The Supreme Court has ruled that the 1912 rule conflicts with constitutional equality.

As such, this has been part of the dual citizenship process for applicants who were initially disqualified because their ancestor—or they themselves—were born before 1948. However, taking this path requires filing a court case. Italian consulates still must adhere to the 1948 rule.

This means that if your female Italian ancestor was born before 1948 and is the only basis for your citizenship application, you should expect it to be denied by the regional Italian consulate. This is normal and does not mean you cannot obtain Italian citizenship.

Judicial Recognition After 2025

Under current law, however, even judicially recognized maternal-line descendants (in cases filed after March 27, 2025) must comply with the new eligibility framework introduced by Law 74/2025. The Ministry of the Interior’s May 28, 2025, circular clarified that the generational and “genuine link” requirements in Article 3-bis also apply to new court filings.

This means that while the courts may continue to recognize citizenship retroactively for descendants of Italian women, they must now consider whether applicants fall within the new generational limits or meet the connection criteria.

Constitutional Court Judgment 142/2025, issued July 31, 2025, reaffirmed the principle that citizenship by descent originates at birth and cannot be arbitrarily revoked. However, it did not invalidate Law 74/2025. In practice, this means that female-line recognition remains legally possible but is subject to narrower conditions than before.

Future Clarification by the Supreme Court

The Italian Supreme Court’s Sezioni Unite (United Sections) are scheduled to deliver a unifying judgment on these 1948 cases in 2026 after postponing the original January 13 hearing. That ruling is expected to clarify how far courts may override the generational caps introduced in 2025.

Before you go this route, it is wise to seek professional Italian citizenship assistance to evaluate your options under the new law and determine whether a court filing or administrative route best applies to your family history.

How Do I Become an Italian Citizen?

If you are relying on female ancestors to apply for dual citizenship status, then you should be aware of the 1948 rule—and now the 2025 reform—and how both might affect your application for Italian bloodline citizenship. Under Law 74/2025, eligibility depends not only on birth dates but also on proving a direct generational connection and, when applicable, your family’s continuous residence or “genuine link” with Italy.

You may want to review your Italian male ancestors to see if that could still be an option, allowing you to avoid judicial proceedings. Either way, applications filed after March 27, 2025, must follow the new rules set out by the Ministry of the Interior.

How ITAMCAP Can Help

Due to multiple court cases over the years relating to Italian citizenship, the 1948 Rule can seem highly complex. Applicants need accurate guidance and a clear legal strategy.

ITAMCAP’s team works with experienced Italian attorneys who specialize in 1948 cases, helping clients:

• Confirm eligibility through maternal or mixed family lines under the current law
• Collect and translate birth, marriage, and naturalization records required for filing
• File judicial petitions in Italy and track court proceedings from start to finish
• Interpret how new generational or “genuine link” limits affect your specific lineage
• Register successful judgments with the appropriate comune for final recognition

Our experts monitor every development—from Constitutional Court rulings to Interior Ministry circulars—so you receive advice based on the most current legal framework. Whether your case involves a maternal ancestor born before 1948 or you’re determining if your lineage still qualifies under the new generational limits, ITAMCAP can assess your situation and outline your next steps.

If you’re exploring your eligibility through the female line, contact ITAMCAP for a free evaluation. We’ll help you understand how recent legal changes may affect your claim and guide you toward the right path to recognition of Italian citizenship.