There is some uncertainty around cases involving female lineage (pre-1948)
It is not clear – under the new citizenship law – if cases involving female lineage (pre-1948) still require judicial proceedings in Court or can be filed at the Consulate or at the City Hall (for applicants living in Italy). Until now the Government did not provide any clarifications and Consulates give different and unclear answers. Applicants are therefore left in a limbo and it is not clear how to proceed, with the risk of waiting for months without obtaining any information.
Typical Case Example:
- Italian grandmother (never naturalized in a foreign country)
- Daughter born abroad in 1942
- Applicant born abroad to the “Daughter born in 1942”
Until 2025, cases such as this had to be brought exclusively before an Italian Tribunal, as the female lineage before 1948 did not grant eligibility for administrative recognition of Italian citizenship.
Different Approaches Taken by Consulates worldwide
Law No. 74/2025 appears to lack clarity in certain aspects. A number of interpretative circulars have already been issued, and further guidance is expected. As a result, it is understandable that operational discrepancies persist among Italian Consulates worldwide. Notable examples include:
- The Consulate General of Italy in New York appears to maintain that, in cases involving pre-1948 female ancestry, judicial action is still required.
- The Consulate of Italy in Philadelphia, on the other hand, states that applying at a Consulate or in an Italian court is entirely an applicant choice, indicating that administrative applications are now considered valid and leaving the final decision up to the applicant.
- The Italian Consulate in Buenos Aires states that the administrative recognition of Italian citizenship by maternal line is only possible for children born after January 1, 1948
- Other Consulates: no answer
What should you do?
- Wait for some further guidance and from the Government and public offices, but there is no certainty if and when such clarifications shall be issued; or
- We are taking for some clients a “stronger approach” by contacting various Consulates and in the absence of a confirmation that they would accept the application; we are moving forward and file a Court action in Italy.
Contact our team today (citizenship@mazzeschi.it) to receive a preliminary assessment of your case and discover the best route for your application.
Article written by Giuditta De Ricco and Antonia Manicone
