It is generally believed that the Italian citizenship is transmitted through the mother only to children born after 01/01/1948.
On this principle are based most of the rejections of applications submitted to the Prefectures or Consulates.
Actually the italian Supreme Court has recognized the transmission of Italian citizenship through the mother also to children born before 1948 (that is when come into force of the Italian Constitution).
A lot of Court decisions, then, have brought in these judgments.
The favorable orientation has been endorsed by an important ruling issued in 2009 by the Supreme Court “a Sezioni Unite”, the highest Italian Court, where it is stated that “… regains Italian citizenship on 01/01/1948 the son of a woman … born before that date and in force of the law n.555/1912, since the parent-child relationship, after the coming into effect of the Constitution, transmits to him the status of citizen, which would have been as of right without the discriminatory law”.
The above-mentioned principle has been confirmed by other ruling of the Supreme Court in 2011.
Therefore today there is one more chance for judicial recognition of Italian citizenship through the mother transmitted to children born before 1948.
Di Ruggiero Law Firm provides legal advice and assistance to those who want to apply for Italian citizenship through the motherline.