Italian citizenship through the court system in Italy.
Expert professionals designed this site so that you can find all the answers related to the recognition of Italian dual citizenship via maternal; In such cases, Italian nationality by descent can be achieved through the courts.
When is it necessary to initiate a judicial procedure for the recognition of Italian citizenship?
What documents are needed to start the process in Italy?
Recommendations in cases on Italian citizenship by judicial means
How will I know if I am an Italian citizen?
If in your direct lineage there is a great-great grandmother, great grandmother, grandmother, or mother of Italian descent, there has been discrimination as they have not been able to pass down their Italian citizenship. In a clear and transparent manner we can help you overcome this previous injustice.
Verify that your mother, grandmother, great-grandmother, or great-great-grandmother were Italians or of Italian heritage. If these descendants were born in Italy before 1948, according to the Civil Code of 1865 and Statute 555 of 1912, Italian citizenship could not be passed down.
Therefore, you are the grandchild, great-grandchild, or descendant of an Italian citizen no matter how many generations ago. How can I know if I am Italian?
We offer here answers to a selection of frequently asked questions posed by users of the Italian citizenship service of Studio Andino.
When is it necessary to start a legal process to obtain Italian citizenship?
If your mother, grandmother, great-grandmother, or great-great-grandmother was of Italian descent, it is probable that you will need to start legal proceedings in order to obtain Italian citizenship. Let us know about your family tree through our Genealogical Questionnaire in order to determine if you are entitled to Italian citizenship. We will analyze your case without any charge and advise you of your rights and the best path to take in order to acquire Italian citizenship through the courts. Any information you provide is treated as confidential and will only be shared if it is required for your Italian citizenship case.
Why in cases of maternal lineage can Italian citizenship only be obtained through the courts?
Until 1948, when the Constitution of the Italian Republic came into force, Italian laws regarding citizenship had contained clear and evident gender discrimination. Sons and daughters of Italian men were considered to be Italian, but not those of Italian women. Although these laws today have been considered unconstitutional (particularly Law 555 of 1912 and under extensive interpretation the Civil Code of 1865), they continue to present problems. Thus, the descendants of Italian women who were born before 1948 do not have the right to obtain Italian citizenship through an Italian Consulate on foreign soil. A judicial process is required in these cases to reverse the discrimination brought about by these specific cases, and a ruling in favor of citizenship will write the previous wrongs for those who have suffered as a result of these unjust laws.
Would you like to know more regarding the subject Italian maternal ancestry?
You can find the legal context by clicking on the following links:
Artículo Universidad del Rosario (in Spanish)
The Italian Community Journal in Chile (In Spanish) – Presenza April and May.
National Italian American Bar Association Newsletter (English)
Who is required to participate in the legal proceedings?
The living descendant(s) of the Italian emigrant.
Can spouses of applicants in the Italian citizenship process solicit Italian citizenship as well?
Italian citizenship can be obtained in many ways, among them through direct lineage (ius sanguinis) or by marriage to an Italian citizen (ius matrimonii). In principle, court proceedings via the maternal route seek to recognize a bloodline exclusively, thus spouses cannot participate directly. However, if the marriage was held prior to April 27th of 1983, spouses may be included in the judicial process. If there is a ruling in favor of citizenship, they will be granted Italian citizenship at the same time as the other applicants. In all other cases, we recommend that you make inquiries regarding administrative processes for the recognition of Italian citizenship by marriage at an Italian Consulate.