Italian Citizenship Jure Sanguinis Through The Maternal Line: A Guide For Americans

Learn how to claim "Italian Citizenship Jure Sanguinis" through a female ancestor or an American-born woman who acquired Italian citizenship before 1983 by marrying an Italian citizen who emigrated to the United States.

Tracing the maternal line to claim Italian Citizenship jure sanguinis can be complex, but it is always possible even if the woman in question was naturalized in the United States or born as an American citizen.

Currently, due to the "minor issue" outlined in Circular 43347 issued by Italy's Ministry of the Interior, many individuals are no longer eligible to apply for Italian citizenship jure sanguinis.

The Circular established that minor children living with a father who became a naturalized U.S. citizen automatically lost their Italian citizenship, thereby interrupting the bloodline.

Was the maternal line ever broken?

While men could lose Italian citizenship only by personal choice or through the decision of a male parent, for women who ventured to the New World, there were many more ways to lose their citizenship even as adults and even without intent.

These circumstances create various scenarios. Recognizing and restoring the right to retain citizenship is a posthumous tribute to the memory of our female ancestors a right unacknowledged in pre-unification Italy and still often denied by modern Italian bureaucracy.

There are also American women who married Italian immigrants and were embraced by Italian communities in the U.S., raising children who were, in all respects, Italian.

Destination America: Women and Italian Citizenship

Following the paths of our foremothers brings us to America, where an Italian-born woman (or a woman who became Italian) could have passed on her citizenship to her children but was prevented from doing so due to gender-based discrimination.

For the homeland, maintaining the bloodline between those who left and those who stayed was important—but not if the person leaving was a woman.

Today, in order for emigrated women to be recognized as having passed on Italian citizenship to their descendants a right they never truly lost specific legal procedures are available.

Even in the U.S., women were subjected to laws that stripped them of identity and roots, tying their citizenship to that of their husbands, whether native or naturalized.

Historical and Legal Context in the U.S.

Between 1880 and 1920, millions of Italians emigrated to the U.S., especially from Southern Italy. Many Italian women settled in the U.S., married foreigners, or saw their Italian husbands become American citizens. Similarly, many American women married Italian men and acquired Italian citizenship.

Key U.S. laws on citizenship include:

• 1790 – Naturalization Act: This law regulated U.S. citizenship by naturalization, initially limited to "free white persons of good character," thereby excluding Native Americans, slaves, servants, and ethnic minorities. While it didn't explicitly bar women from citizenship, women were subject to "marital coverture," meaning their legal identities and rights belonged to their husbands. Women, children, and slaves were excluded from public life, deemed to lack discernment and free will.
• 1907 – Expatriation Act: A woman's nationality depended entirely on her marital status. An American woman who married a foreigner automatically lost her U.S. citizenship and acquired her husband's nationality, regardless of where the couple lived. Her legal identity became that of her husband. As a result, many American women who married Italian men between 1907 and 1922 became Italian citizens.

If the Italian husband later became a naturalized American citizen, the woman would typically regain U.S. citizenship through him.

• 1922 – Cable Act (Married Women's Independent Nationality Act): This act ended automatic changes in a woman's citizenship based on marriage. However, it did not restore citizenship to women who had already lost it prior to 1922. These women were treated as foreigners and had to undergo the full naturalization process to regain U.S. citizenship. If their husbands later became U.S. citizens, the women could no longer regain citizenship automatically and had to file an application on their own.

Citizenship eligibility remained tied to the husband's status. If the husband was deemed ineligible for U.S. citizenship, so was the woman. Meanwhile, American men who had renounced their citizenship during World War I could regain it simply by swearing allegiance again—a right not granted to women.

• 1952 – Immigration and Nationality Act: This law formally prohibited gender or racial discrimination in naturalization procedures under the U.S. Constitution.

Many women who became Italian citizens through marriage could be considered "Italian ancestors," allowing their descendants to claim Italian citizenship.

What do U.S. laws mean for claiming Italian citizenship jure sanguinis?

An American woman who became an Italian citizen by marrying an Italian man before 1922, and who never regained her U.S. citizenship via the Cable Act, is considered fully Italian under the law.

This means her children (presumably born before 1948) and their descendants maintained the bloodline and may be eligible for recognition as Italian citizens, though not via automatic transmission.

To claim citizenship, descendants must file a legal petition in an Italian civil court.

It is crucial to verify that the woman did not later reacquire U.S. citizenship, as this would invalidate the claim.

What do Italian laws mean for claiming citizenship jure sanguinis?

Article 10 of Law No. 555 of June 13, 1912, stated that a foreign woman married to an Italian man automatically acquired Italian citizenship by law (ope legis).

With Law No. 123 of April 21, 1983, this automatic acquisition was eliminated; women now must explicitly request citizenship.

A woman who became Italian under Article 10 is not a citizen "by birth" but rather through "automatic naturalization by marriage."

Nevertheless, this is full Italian citizenship and is not subject to discretionary approval by Italian authorities.

The key issue: Could a mother who became Italian through marriage before 1948 pass on citizenship to her children?

Italian administrative practices typically deny this possibility, interpreting the law restrictively to mean that only male citizens could transmit citizenship jure sanguinis.

However, case law has opened the door for mothers—including those naturalized by marriage—to be considered full citizens with the right to transmit citizenship.

It is important to note:

• Citizenship acquired through marriage is equal to original citizenship.
• It is unreasonable to deny transmission rights to mothers but grant them to fathers.
• Barring transmission by married women contradicts constitutional principles of gender equality (Article 3 of the Italian Constitution) and recent interpretations by the Court of Cassation (ruling No. 4466/2009).
• Once acquired, Italian citizenship by marriage remains valid regardless of subsequent divorce or if the husband loses citizenship through naturalization in another country.

Descendants of women who became Italian citizens by marriage before 1948 may seek citizenship recognition through a civil court ruling.

To support the claim, clear documentation is required regarding the mother's citizenship status, direct lineage, and continuity of citizenship.

How an Italian Woman Can Transmit Citizenship

According to Article 1(a) of Law No. 91 of 1992: "A child is an Italian citizen by birth if either the father or the mother is an Italian citizen."

An Italian woman who emigrated to America, or who became Italian through marriage or naturalization, may have passed on citizenship to her descendants by meeting certain conditions:

1. Citizenship: She must have been an Italian citizen at the time of her children's birth.

If she acquired Italian citizenship by birth, marriage or naturalization, she may have transmitted it.

2. Birth of Children: Children must have been born to an Italian mother, regardless of her birthplace.

Before or After 1948: The legal landscape differs depending on whether the children were born before or after 1948.

3. Naturalized Women: If she never reacquired U.S. citizenship, her Italian citizenship is considered valid and can support a jure sanguinis claim.
4. Future Generations: Descendants may apply for Italian citizenship, provided they can verify an unbroken bloodline and meet the requirements.

FAQ – Frequently Asked Questions

Can I obtain Italian citizenship from a mother who became Italian through marriage?

Yes. Although administrative practices deny this, civil courts have recognized that a mother who became Italian by marriage can transmit citizenship jure sanguinis to her children, provided a judicial petition is filed.

What is the difference between a mother who was Italian by birth and one who became Italian through marriage?

The former passes on citizenship jure sanguinis by origin. The latter does so via automatic legal provision (Article 10, Law 555/1912). In the latter case, judicial recognition is usually required.

How do I file a petition to claim citizenship jure sanguinis through a mother who became Italian by marriage?

You must file a petition with an Italian civil court, including evidence of the mother's citizenship and direct descent. The process follows civil litigation procedures.

What documents are needed to prove the mother's citizenship?

Marriage certificates, naturalization records, registry documentation, and any documents proving the mother acquired Italian citizenship before her children's birth.

Mother by Birth vs. Mother by Marriage

For a detailed assessment of your case and legal assistance in filing a claim, contact the Immigration Department of Boccadutri International Law Firm. They will verify your eligibility and guide you through the process.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.