The 1948 rule, also known as the ‘female line rule’, enables children born to an Italian mother, prior to 1948, to claim Italian dual citizenship.
Before this rule came into effect, Italian dual citizenship jure sanguinis could only be claimed through one’s male ancestors. The citizenship law enacted in 1912 only allowed women to hold citizenship, and not pass it to their children.
However, in 1983 the Italian Constitutional Court ruled that 1912 law provision unconstitutional because it led to unequal treatment of men and women.
Since then, if you have one or more women in your blood lineage, you have the right to apply for Italian dual citizenship through them.
How does this 1948 rule really work? And where do you need to apply for your citizenship?
How the 1948 rule works
The first thing to do to find out if you have a 1948 case is check your direct blood lineage from your Italian ancestors.
Is there a woman along the line? If so, check when she gave birth to her child/children. The mother’s own birthday and birthplace do not matter.
The only date that matters is the birthday of the child.
Indeed, the application process for Italian dual citizenship changes according to the date the child of the female ancestor was born. Two different scenarios are possible:
- If the woman in your lineage gave birth to her child after January 1, 1948, you could apply for your Italian dual citizenship at your closest Italian consulate.
- If the woman gave birth to the child before January 1, 1948, you must submit your Italian dual citizenship application to the Court in Italy.
A mock 1948 case
Let’s see an imaginary example. Let’s examine the following blood lineage: GGGF-GGF-GM-M (1947)
- First, we must consider the direct blood lineage from our Italian ancestor, in this case “GGGF”: GGGF-GGF-GM-M (1947)
- Then, we localize the woman in the line, who is the “GM”: GGGF-GGF-GM-M (1947)
- Notwithstanding both GGF and GM were born in the U.S., the only thing that matters is the birthday of the child of the female ancestor. In this situation, the child “M” was born in 1947, i.e. before January 1st, 1948: GGGF-GGF-GM-M (1947)
This is a 1948 case which can be submitted to the District Court of the Italian town where the Italian ancestor was born.
If you have any doubts, want to send an inquiry, or need help figuring out if you have a 1948 case, MY LAWYER IN ITALY® will be happy to help you.
Read more articles on our website:
- Citizenship by Descent, new legislation effective June 2022: what you need to know
- Italian dual Citizenship and Last Name Issues