Italian Citizenship For Descendants Of Women

IMPORTANT LEGAL NOTICE: Italian citizenship law is undergoing significant changes. On July 31, 2025, the Constitutional Court issued Judgment 142/2025, reaffirming citizenship by descent in principle but not overturning the new limits; those restrictions remain in force. The information below reflects current law but may change substantially. We strongly recommend consulting with a qualified Italian citizenship attorney before beginning any application.

For decades, Italian women could not pass citizenship to their children—a rule that denied thousands of families the right to Italian nationality. Known as the 1948 Rule, this inequality was corrected through case law, most notably a 2009 court decision, restoring citizenship rights to descendants through the female line.

Today, U.S. citizens with a female Italian ancestor can still pursue Italian dual citizenship, but Law 74/2025 has tightened eligibility. Applicants must now show a genuine connection to Italy, document every generation, and follow new procedures under the reformed Italian citizenship law.

Gaining recognition as a citizen reconnects you to your Italian heritage and gives you the right to pass on Italian citizenship to your children under current law.

Who Qualifies for Italian Citizenship Through a Female Ancestor?

Unlike applicants pursuing Italian citizenship by marriage, descendants through the maternal line must often prove eligibility through historical documentation and, in some cases, court action. You may be eligible for citizenship by descent (jure sanguinis, “right of blood”) if you can document the following:

• Female Italian ancestor born before 1948.
  Before Italy became a Republic, women automatically lost Italian citizenship upon marrying foreigners and could not transmit it to their children.
• No naturalization before the next generation’s birth.
  If your ancestor became a U.S. citizen before her child was born, the line ended.
• Child born after January 1, 1948—or eligibility proven through a 1948 court case.
  Descendants of children born earlier must file a court petition.
• Ancestor held exclusive Italian citizenship.
  Under Law 74/2025, applicants must prove their parent or grandparent held no other nationality at the relevant time. (Typical proofs include negative foreign-citizenship certificates, proof of non-enrolment in foreign electoral registers, or documented renunciations.)
  • OR a residency-based exception applies. A parent or adoptive parent was legally resident in Italy for at least two continuous years before the child’s birth (documentation required).
• Complete vital records.
  Birth, marriage, and death certificates for each generation, plus naturalization records and apostilles, are required.

Claims through great-grandparents or earlier are no longer accepted unless filed before March 27, 2025. The new law limits eligibility to two generations abroad.

What Is the 1948 Rule?

The 1948 Rule arose from court decisions correcting discrimination in Italy’s earlier nationality statutes. Before 1948, the Cable Act and Italy’s Law No. 555 of 1912 barred women from passing citizenship or even retaining it after marrying foreigners.

Italy’s Constitution of 1948 established equality between men and women, but consulates continued denying maternal claims until judicial challenges began. In 2009, the Court of Cassation (Judgment No. 4466) declared the restriction unconstitutional. Since then, courts have recognized descendants of Italian mothers as citizens from birth.

However, Law 74/2025 re-codified citizenship transmission rules. Automatic recognition of Italian citizenship no longer exists for those born abroad with another nationality. Citizenship applications submitted before March 27, 2025 (or court actions filed before that date) continue under the prior framework.

In practice, 1948 cases remain valid but must now satisfy these new criteria and show an unbroken line of descent.

How to Apply Through the Italian Court

Descendants of women born prior to 1948 will apply through an Italian court that handles citizenship petitions for people living abroad.

Step 1: Collect Documentation

Gather all vital records tracing your Italian ancestry:

• Birth, marriage, and death certificates for each generation.
• Proof of your female ancestor’s Italian birth and her naturalization
• Apostilles and certified translations into Italian.

Even small discrepancies—different spellings or dates—can delay recognition. Professional review of documents and Italian genealogy research help avoid errors.

Step 2: Hire Legal Representation in Italy

Foreign applicants must be represented by an attorney licensed in Italy. The lawyer files a ricorso (petition) citing relevant Italian citizenship law, court rulings, and your documentary evidence.

Multiple relatives may file a joint petition if they share the same female ancestor.

Step 3: Court Filing and Decision

Your lawyer submits the petition to an Italian court (typically the Court of Rome for applicants living abroad). You do not need to travel to Italy; representation is handled locally.

If approved, the court sends the judgment to the Comune (municipality) of your ancestor’s birth for registration in the Stato Civile. You are then recognized as an Italian citizen from birth and may apply for your passport.

Step 4: Registration and AIRE Enrollment

After registration, request your Italian birth certificate and enroll in the AIRE (Registry of Italians Residing Abroad). Once completed, you can enjoy full rights as an Italian dual citizen.

Timeline and Costs

The timeline for obtaining Italian citizenship by descent varies depending on the chosen route:

• Via the Italian Consulate: 1–2 years, sometimes longer, depending on appointment backlogs.
• Through the Italian Court (1948 case): 6–12 months on average, provided that required documentation is complete and correctly translated. Timelines may be longer due to recent legal changes and court backlogs following the 2025 reforms.

While these are averages, partnering with an experienced team can often consolidate costs, especially for joint family filings that share a single Italian ancestor.

Common Reasons for Denial or Delay

The Italian Supreme Court and Court of Rome consistently emphasize accuracy and consistency in citizenship petitions. The most common problems include:

• Document discrepancies: Name variations, missing middle names, or inconsistent birthplaces across generations.
• Missing Apostilles or certified translations: Documents not properly legalized or translated into Italian.
• Interrupted lineage: If an ancestor naturalized as a U.S. citizen before the birth of the next generation, the citizenship line ends.
• Incomplete proof of “exclusive Italian citizenship”: Under the 2025 reform, dual nationality at the relevant time can disqualify a claim.
• Administrative deadlines missed: For minors who were under 18 on May 24, 2025, and whose parents meet Article 3-bis criteria, the transitional declaration must be filed by 11:59 PM Rome time on May 31, 2026.
• Missed one-year declaration for newborns: For children born after March 27, 2025, parents must declare within one year of birth at the consulate.

Each of these issues can be prevented through careful Italian genealogy research and document verification before submission.

Benefits of Italian Dual Citizenship

Becoming an Italian citizen brings both personal and practical advantages:

• Freedom of Movement: Live, work, and travel freely across all 27 European Union countries.
• Education: Access world-class universities across Europe at local tuition rates.
• Healthcare: Benefit from Italy’s national healthcare system and other EU health protections.
• Property Rights: Buy or inherit property in Italy without foreign ownership restrictions.
• Cultural and Family Connection: Participate in Italian civic life, vote in elections, and strengthen ties with your ancestral community.

Reclaiming citizenship by descent honors family history while opening opportunities for you and your descendants.

How ITAMCAP Can Help

Untangling modern Italian citizenship law—especially after the 2025 reforms—requires deep legal understanding. Our team specializes in assisting U.S. citizens and other applicants of Italian ancestry in managing the entire process:

• Genealogical research to identify your qualifying female ancestor and confirm uninterrupted lineage.
• Document retrieval from Italian and S. citizenship archives, including certified vital records and naturalization documents.
• Apostille and translation coordination, ensuring compliance with Italian court standards.
• Legal representation partnerships in Italy for court filings and appeals.
• Post-approval registration support

From building your family tree to final recognition as an Italian citizen, ITAMCAP provides guidance every step of the way.

Schedule your free consultation today to learn whether your maternal line qualifies under current Italian citizenship eligibility requirements.

Reconnect With Your Italian Roots

With proper documentation and expert guidance, descendants of Italian women can still reclaim their rightful place as Italian citizens—and ensure their family story continues in the generations to come.

FAQs

What is the 1948 Rule for Italian citizenship?

The 1948 Rule refers to court decisions that overturned gender discrimination in Italy’s citizenship law. It allows descendants of women born before 1948 to claim citizenship by descent through judicial recognition in Italy.

Can I get Italian citizenship through my grandmother?

Yes—if your grandmother was an Italian citizen and never renounced citizenship before your parent’s birth. For those born before 1948, you’ll need to file a 1948 court case.

How do I qualify for Italian citizenship if my ancestor was born before 1948?

You must prove your female ancestor was Italian at the time of her child’s birth, did not naturalize as a foreign citizen, and that your lineage remains continuous under Italian law. Applicants must now also meet the generational and exclusivity limits introduced by Law 74/2025.

What documents do I need for a 1948 case?

Applicants need vital records for all generations, including Italian and U.S. birth, death, and marriage certificates, plus naturalization certificates, apostilles, and professional document translations into Italian.

How long does it take to obtain Italian citizenship through an Italian court?

Most court cases are completed within 6 to 12 months from the date the petition is filed.

Processing time depends on several factors, including:

• Court workload in the specific tribunal handling the case
• Completeness and accuracy of the documentation submitted
• Type and complexity of the case (e.g., 1948 case, discrepancies, corrections required)

Once the court issues a favorable ruling, the decision is sent to the relevant Italian municipality to register the vital records. This administrative phase typically requires an additional 30 to 90 days. Consular applications often take 2 years or more, primarily due to appointment delays and long processing queues.

Do I need to travel to Italy for a 1948 citizenship case?

No. Your attorney in Italy can represent you fully before an Italian court. The application process is handled remotely for those residing abroad.

Is there a special deadline for minors who were already born when the law changed?

Yes. Minors who were under 18 on May 24, 2025, and whose parent is an Italian citizen by birth (qualifying under Article 3-bis), may be declared by their parents by 11:59 PM Rome time on May 31, 2026. A €250 fee applies per minor. This window does not apply to all children born before the law changed—only those whose parents meet specific eligibility criteria.