Laws & References

Date: Italian Unification (1861)

March 17, 1861

Italian Unification Day: His Majesty Vittorio Emanuele II officially became King of the newly formed nation of Italy. Prior to this date there were no Italian citizens because there was no Italy. Consequently, while the research may be interesting for family history reasons, your jure sanguinis application should never require official records too much older than this date.

This date also means that if your only "Italian" ancestor is Julius Caesar, Christopher Columbus, or Leonardo da Vinci then you do not qualify for jure sanguinis citizenship recognition. The earliest Italian ancestor in your chain must have been alive at any moment when Italy was actually a nation. Then-current citizens of most of Italy's antecedent states -- for example, citizens of the Kingdom of the Two Sicilies -- living anywhere in the world automatically acquired Italian citizenship on this date.

Italy did not actually enact its first civil code regulating citizenship until 1865, but that code is retroactive to March 17, 1861.

Date: 1912 Law on Citizenship

July 1, 1912

The following was in effect for applications for recognition of Italian citizenship between July 1, 1912 and October 3, 2024. Following Cassazione (Italian supreme court) rulings on the topic, it was determined that all minor children whose parent naturalized in another country lost Italian citizenship with the parent. Subsequently, MAECI issued a directive (circolare 43347) instructing comuni and consulates that applications where the parent of a minor naturalized should be declined unless that minor later reacquired Italian citizenship.

A major citizenship law (Law no. 555 of June 13, 1912) took effect. Before July 1, 1912, if an Italian citizen became a citizen of another country through naturalization, he, his wife and all his unemancipated minor children (see March 10, 1975, below) lost Italian citizenship together. However, if the Italian father naturalized on or after July 1, 1912, all his previously foreign-born or adopted* children retained Italian citizenship even if they were unemancipated minors as long as they were granted the same foreign country's citizenship automatically when they were born in that country. (Children born in Italy were not so protected.)

Example:

Giovanni, an Italian citizen, emigrated to the United States in 1931. He had two children: Marina and Peter. Marina was born in Italy in 1928, and Peter was born in the U.S. in 1933. Giovanni naturalized as a U.S. citizen in 1940 when both his children were still minors. When Giovanni naturalized, Marina lost her Italian citizenship. However, because Peter was born in the same country (the United States) with which his father naturalized, and because the U.S. is a jure soli country and Peter automatically acquired U.S. citizenship at birth by being born in the U.S. (by virtue of the 14th Amendment to the U.S. Constitution), under Italy's 1912 law (Article 7) Peter retained his Italian citizenship.

Date: 1920 - Annexation of Northern Italian Territories

July 16, 1920

Sometimes the realities of nationhood and shifting international borders affect citizenship. Italy's borders have changed since 1861, but there's one set of border changes that is particularly relevant in many citizenship recognition cases. Around 1920 Italy officially annexed certain northern territories that were part of Austria in the early 20th century. These areas include parts of Trentino, Alto Adige/Südtirol, Friuli-Venezia Giulia (particularly Trieste and Gorizia), and Belluno. Local residents of these areas legally became Italian citizens on this date.

According to Law no. 379 (14 December 2000), if your ancestor was born and resident in present Italian territory that was part of Austria in the 20th century, but your ancestor emigrated (i.e. left Austria and Italy) prior to July 16, 1920, you cannot be recognized as an Italian citizen on the basis of descent from that particular ancestor.

All other jure sanguinis Italians, regardless of historical fact (Rome and Venice actually joined after 1861, as examples) are legally considered Italian citizens from birth or from March 17, 1861, whichever is later.

Example: Mario was born in Alto Adige (also known as Südtirol) in 1898. Military records indicate that he was resident in Alto Adige in 1921, and other records indicate he emigrated to Canada in 1922. (His village in Alto Adige was part of Austria until 1920.) He never naturalized. Mario became an Italian citizen on July 16, 1920, and he retained his citizenship for his entire lifetime since he did not naturalize as a foreign citizen. Since there is documentation that he was a resident of his village (a part of Austria in the early 20th century) on or after July 16, 1920, his descendants can be recognized as Italian citizens if they otherwise qualify.

There were also some 20th century border changes involving transfer of Italian land to the former Yugoslavia, but those changes affect fewer citizenship recognition cases. Nonetheless you may have to do a bit more research if your ancestor was caught up in any such border changes, and the law is a bit complicated.

Italy's relatively brief experience maintaining an overseas colonial empire significantly enlarged the Italian diaspora. However, Italy's citizenship laws treat Italian descendants living in former Italian colonies the same as other Italian descendants.

Date: 1922 - The Cable Act (U.S.)

September 22, 1922

The Cable Act is United States federal legislation that changed the status of married immigrant women so that not all of them would automatically obtain the citizenship of their husbands.

Also known as: Married Woman’s Act

Date: 1948 - The Italian Republic and Women’s Rights to Pass Citizenship

January 1, 1948

Italy's new post-war constitution takes effect. Starting on this day (according to the Interior and Foreign Ministry legal interpretations), Italian mothers could pass Italian citizenship to their children independently of the father. Sons and daughters born or adopted* prior to this day had to have an Italian father in order to acquire Italian citizenship jure sanguinis (unless the father was unknown).

CAUTION: Do not look at the date of birth of the parent when considering this rule. Look at the date of birth of the child (next in line, of either gender) then consider the gender of that child's parent. It's perfectly fine for Italian mothers to be born before 1948 as long as their children (male or female) are born January 1, 1948 or later. (And see below about Italian courts.)

Also, prior to this day, one way an Italian woman lost her Italian citizenship was when she married a foreign husband and that country granted citizenship to her automatically as a result of marriage. (The U.S., for example, granted automatic citizenship to non-American women marrying American men until the Cable Act which went into effect on September 22, 1922.) Starting on January 1, 1948, an Italian woman could never lose her Italian citizenship solely as a result of marrying a foreign man. (She had to take some other, separate action, such as naturalization, to lose her citizenship.)

Italian authorities improperly applied this part of the 1948 constitution for many years. A woman who lost her Italian citizenship solely because she married a foreign man can immediately reclaim Italian citizenship by making a simple declaration at a local consulate. Her descendants (born on or after January 1, 1948) only retain their Italian citizenship if the marriage to a foreigner occurred on or after January 1, 1948.

Example: Paulina, an Italian citizen, emigrated to the United States in 1938 and never naturalized. She married a U.S. citizen in 1944, but the U.S. stopped granting foreign women automatic citizenship through marriage in 1922. Paulina had two children: Alice, born in 1946, and George, born in 1948. George was born an Italian citizen, but Alice was not (according to Interior Ministry legal interpretations).

Fighting a 1948 Case in Court. Note that, starting in 2009, many plaintiffs have won cases in Italian courts arguing that the 1948 constitution was retroactive and applied to all women, including Italian citizen-mothers who had given birth to children before 1948. Consequently these plaintiffs have been able to win citizenship recognition through older maternal ancestries than the Interior Ministry and Ministry of Foreign Affairs currently accept.

Date: 1975 - Change in Italian Age of Majority

March 10, 1975

Italy lowered its age of majority from 21 to 18 (Law no. 39 of March 8, 1975; effective March 10, 1975). Before this date, any Italian citizen who had not reached his 21st birthday was a minor. On or after this date, any Italian citizen who had reached his 18th birthday was an adult.

Minors are not legally competent to act on their own, independent of their parents, so they enjoy certain legal protections which can affect jure sanguinis citizenship cases.

Date: 1983 - Automatic Citizenship for Foreign Women by Marriage

April 27, 1983

Automatic Italian citizenship through marriage ended (Law no. 123). Prior to this date foreign women who married Italian men automatically and instantly became Italian citizens. Starting on this date, foreign women and foreign men are treated equally when marrying their Italian spouses: they do not receive automatic and immediate Italian citizenship. (A comprehensive Jure Matrimonii Reference Guide can be found in the Files section of the group and in Unit 4- a unit dedicated for citizenship by marriage cases)

A wife's automatic acquisition of Italian citizenship can be highly relevant in certain jure sanguinis citizenship recognition cases. The typical example is when the Italian husband naturalizes as a foreign citizen after the marriage. In many cases prior to 1948, and in all cases after 1947, the wife kept the Italian citizenship she automatically acquired upon marriage unless she took some other action (such as foreign naturalization). Her children born after 1947 were thus born Italian citizens.

Note that dissolution of the marriage did not terminate a wife's automatically acquired Italian citizenship unless the dissolution occurred before April 27, 1983, the woman left Italy before April 27, 1983 (or never resided in Italy), and the woman retained or acquired a foreign citizenship. Remarriage alone only terminated her Italian citizenship if she legally married a foreign man prior to 1948 and if her new husband's country of citizenship legally and automatically granted her a citizenship she did not already possess.

Example: Giuseppe, an Italian citizen, emigrated to Canada in 1947. He married Beatrice, a Canadian citizen, in 1950. Giuseppe naturalized as a Canadian citizen in 1953. They had a child, Karen, in 1955. Karen was born an Italian citizen because her mother, Beatrice, acquired Italian citizenship automatically in 1950 when she married Giuseppe. Beatrice did not lose her Italian citizenship when Giuseppe naturalized in 1953 -- after 1947 Italian wives could never involuntarily lose their Italian citizenships when their husbands naturalized, even if the foreign law provided automatic citizenship to them. While Karen's father was no longer an Italian citizen when Karen was born, Beatrice could pass Italian citizenship on her own to Karen because Karen was born after 1947. (Italian courts grant even more latitude than this example illustrates.)

Law no. 123 also changed the treatment of minors (see March 10, 1975, above) when one or more Italian parents lose their Italian citizenship through naturalization. According to the Ministry of Foreign Affairs (Circular no. 9 of July 4, 2001), and assuming the Italian father did not naturalize prior to July 1, 1912 (see above), an Italian minor lost his/her citizenship only if the following conditions apply (1 plus either 2A or 2B):

1. The minor acquired or possessed a foreign citizenship other than one which was granted automatically by virtue of being born in a foreign country.

2A. If the Italian minor attained the legal age of majority on or before April 27, 1983: either the "controlling" parent or the only Italian parent lost Italian citizenship, the minor was living with the parent who lost Italian citizenship, the minor was not emancipated (not married, for example), and the parent did not reacquire Italian citizenship before the minor attained the legal age of majority.

2B. If the Italian minor attained the legal age of majority after April 27, 1983: either both parents or the only Italian parent lost Italian citizenship, no parent reacquired Italian citizenship before the minor attained the legal age of majority, and the minor was not emancipated.

There are some important caveats:

Any parent who died while still an Italian citizen never lost Italian citizenship, so orphan minors are better protected in Italian citizenship law.
The "controlling" parent is the minor's primary legal guardian and, prior to April 27, 1983, was with only rare exceptions the father if he was alive.

At certain times in history Italian minors could independently naturalize as foreign citizens under other countries' citizenship laws. Australia is a fairly common example, since Australia required children as young as 16 to naturalize on their own if they wanted Australian citizenship. Minors who joined the U.S. Armed Forces and who instantly naturalized as U.S. citizens between May 9, 1918, and June 30, 1919, represent another cohort. (There was a special law during World War I that waived declaration of intent and 5 year residence requirements for these U.S. soldiers and sailors.) If an Italian minor naturalized on his own in these and similar situations, he would retain his Italian citizenship unless the MFA's conditions were met.

Example: Antonio, an Italian citizen, and his wife emigrated from Italy to Argentina in 1902 with their son, Francesco, who was born in 1897. Francesco then emigrated to the United States when he was a teenager, but his father remained in Argentina. Francesco joined the U.S. Army during World War I, and his commanding officer asked Francesco if he would like U.S. citizenship. Francesco marched to a local courthouse and took an oath of U.S. citizenship, becoming a U.S. citizen without the normal waiting period. He was 20 years old when he took the oath. Francesco married an American in 1923, and she already had a child (with another father) who Francesco never formally adopted. Later, in 1925, Antonio naturalized as a citizen of Argentina, when Francesco was 28 years old. Francesco retained his Italian citizenship: he naturalized when he was still a minor, and his father was still an Italian citizen when Francesco reached the legal age of majority (age 21 at that time) in 1918. Also, the American woman he married in 1923 automatically acquired Italian citizenship when they married. Her then minor child also acquired Italian citizenship.

Date: 1992 - Italy Allows Acquisition of other Citizenships

August 15, 1992

Italy substantially revised its citizenship laws (Law no. 91 of February 5, 1992, attached below). Prior to August 16, 1992, adult Italian citizens who naturalized with another country lost their Italian citizenship. In many cases they could also jeopardize even their previously born (or adopted*) minor children's Italian citizenship. (See July 1, 1912, March 10, 1975, and April 27, 1983, above.) However, starting on August 16, 1992, Italians naturalizing with another country retain their Italian citizenship.

Also, living Italians who previously renounced their citizenship can quickly reestablish their Italian citizenship by declaring their intention at an Italian embassy or consulate, taking up residence in Italy, and then applying. Citizenship regained is not retroactive for the period when citizenship was lost. Children born or adopted* during the non-Italian citizenship interval are not born Italian citizens jure sanguinis (unless the other parent could pass Italian citizenship to the child). However, minor children who live with a parent who reacquires Italian citizenship are eligible to acquire Italian citizenship.

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Adoption

The laws on adoption in relation to citizenship are at least somewhat complex, and adoption was not specifically mentioned in many early citizenship-related laws. However, the 1992 law, especially Article 3 paragraphs 1 and 2, clarified the status of adoptees with retroactive effect.

Consulates should treat adoptees as follows:

• (1) Adopted children (and their descendants) may still make jure sanguinis citizenship claims through a biological Italian parent.However, in some jurisdictions original birth records are sealed or marked with phrases such as "not legal" and "for informational purposes only," presenting special challenges in discovering or proving biological parentage. Also, the consulate is likely to record the surname from the adoptee's old birth certificate, not the adoptee's current surname. Changing the surname (if desired) may require additional legal action in Italy subsequent to jure sanguinis citizenship recognition.
• (2) If the adoption was legally recorded in Italy while the adoptee was still a minor, there should be no problem: the citizenship link was established at that point. (But if the adoption was legally recorded in Italy the adoptee is almost certainly already recognized as an Italian citizen.)
• (3) If the adoption was not legally recorded in Italy while the adoptee was still a minor, then some consulates hesitate to recognize a citizenship link. Politely ask the consulate to read Article 3 of the 1992 law and, if necessary, to seek guidance from the Ministry of Foreign Affairs.
• (4) If the adoption occurred while the adoptee was an adult (see March 10, 1975), then there is no citizenship link.

Date: 2000 – Granting of Citizenship to former Austro-Hungarian Empire

A. Law n. 379 of 14 December 2000, provides for recognition of Italian citizenship to persons born and formerly resident in the territories of the former Austro-Hungarian Empire and their descendents in possession of the following requirements:

• Birth and residence of an ancestor in the territories formerly belonging to the Austro-Hungarian Empire and annexed to Italy at the end of the First World War in the Treaty of San Germano;
• Emigration abroad of an ancestor between 25 December 1867 and 16 July 1920.

Claims for recognition of Italian citizenship had to be submitted by 20 December 2010 to the Italian diplomatic-consular authorities if the applicant was living abroad, or to the official statistics office (Anagrafe) of the city of residence if living in Italy.

Claims submitted by the deadline are examined by an inter-ministerial commission set up in the Ministry of the Interior, which rules in function of satisfaction of the prescribed legal requirements. If the ruling is favourable the Ministry of the Interior issues clearance for recognition.

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See the Ministry of Foreign Affairs site (number 4) for more information.

Date: 2006 - Istria, Fiume, and Dalmatia

Law no. 124 of 8 March 2006, provides for recognition of Italian citizenship for Italian nationals resident in Istria, Fiume and Dalmatia from 1940 to 1947, whose property was confiscated and ceded to the Yugoslav Republic by the Treaties of Paris of 10 February 1947 and Osimo of 10 November 1975, and their descendents.

Claims must be submitted to the Italian diplomatic-consular authorities if the claimant resides abroad, or to the municipal authorities of their Italian city of residence, along with the following
documentation.

Persons subject to article19 of the Paris Peace Treaty, so as to prove the existence of the requirements stated in art. 17 bis, par. 1, lett. a) of Law no. 91/92, must attach the following documentation to their claims:

• a) birth certificate, international if possible;
• b) certificate verifying foreign citizenship;
• c) certificate verifying current residence;
• d) certificate or other documentation proving residence before 10 June 1940 in the territories ceded to the former Yugoslav Socialist Federal Republic;
• e) proof that the claimant was an Italian citizen on 15 September 1947- the date the Paris Peace Treaty took effect - or other equally valid documentation such as certificate of military service, passport, etc.;
• f) written confirmation from any Italian clubs, associations or communities located in the foreign country of residence proving claimant’s membership, usual language used and any other element proving his/her knowledge of the Italian language;
• g) any other documentation proving the claimant’s knowledge of the Italian language (e.g. copy of certificate of attendance of Italian-speaking schools, report cards, etc. ).

Children or direct descendents of persons subject to art. 19 of the Paris Peace Treaty, intending to avail themselves of art.17-bis, par. 1, lett. b), must attach the following documentation to their claims for recognition of Italian citizenship:

• Certification or other documentation from which it results that claimant’s parent(s) or direct ancestor(s) were in possession of the requirements stated in points d-e-f-g above;;
• Certificate of birth confirming the claimant’s relationship with parent(s) or direct ancestor(s);
• Certificate proving claimant’s foreign citizenship;
• Written confirmation from any Italian association or community in the claimant’s foreign country of residence proving the claimant’s knowledge of the Italia language and culture;
• Any other documentation proving the claimant’s knowledge of the Italian language and culture.

Persons subject to the provisions of art. 3 of the Treaty of Osimo, former residents of Area B of the former Free Territory of Trieste, intending to avail themselves of art.17-bis, par. 1 lett. a), must attach the following documentation to the claims for recognition of Italian citizenship:

• a) Birth certificate, international if possible;
• b) Certificate verifying foreign citizenship;
• c) Certificate verifying current residence;
• d) Proof that the claimant was an Italian citizen on 3 April 1977- the date the Osimo Peace Treaty took effect;
• e) Written confirmation from any Italian clubs, associations or communities located in the foreign country of residence proving claimant’s membership, usual language used and any other element proving his/her knowledge of the Italian language;
• f) Any documentation proving that the claimant belonged to an ethnic Italian group as specified in art. 3.

Children or direct descendents of persons subject to art.3 of the Osimo Treaty intending to avail themselves of art.17-bis, par. 1, lett. b), must attach the following documentation to their claims for recognition of Italian citizenship:

• Certification or other documentation from which it results that claimant’s parent(s) or direct ancestor(s) were in possession of the requirements stated in points d-e-f- above;
• Certificate of birth confirming the claimant’s relationship with parent(s) or direct ancestor(s);
• Certificate proving foreign citizenship;
• Written confirmation from eventual Italian associations or communities in the claimant’s foreign country of residence proving the claimant’s knowledge of the Italian language and culture;
• Any other documentation proving the claimant’s knowledge of the Italian language and culture.

An inter-ministerial commission set up at the Ministry of the Interior decides whether to issue clearance for recognition of citizenship.

Date: 2018 - Decreto di Sicurezza (Security Decree)

Il decreto legge n. 113/2018

On the 26th November 2018, the Minister of the Interior at the time, Matteo Salvini, issued a new security decree (decreto di sicurezza). The decree was converted into law by Parliament a few months later.

The security decree, amongst other things, changes the necessary requirements to apply for citizenship via marriage and via naturalization. Citizenship by descent (jure sanguinis) is NOT affected by this decreto.

Effective December 4, 2018, all new applicants (existing applications before this date are NOT affected) for citizenship by marriage (jure matrimonio) and by resident naturalization must now meet an Italian language fluency requirement. Applicants must pass a language test and present a B1 (or greater) level certificate with their application for citizenship. The level of the language required to reach B1 is in accordance with the Common European Framework of Reference for Languages.

The decreto also modified the amount of time the Ministry of the Interior and Ministry of Foreign Affairs are allotted to process your application. The original length was two (2) years from official receipt of your application and supporting materials. That period is now allowed to take up to four (4) years from the date of official receipt of all material.

Ministry Circular Letters

Court Judgements

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Citizenship Laws

The Admins have some of the major Italian citizenship laws cited here in PDF format (click "download"). For your convenience, they are broken down by article and translated into English next to the Italian counterpart. By clicking the hyperlink, you will be directed to a summary of each law.

Court Judgements

Coming soon! The Admins will cite court judgements relevant to Italian citizenship, for example "1948 cases".

Ministry Circular Letters

On this page, you will find complied Ministry circular letters relevant to jure sanguinis. The PDF files include English translations, as well as the original Italian text.