What is the maternal line (the 1948 argument)?
Until January 1, 1948, Italian law did not allow women to pass citizenship on to their children. This means that if your family tree includes an Italian woman who had children before 1948, citizenship was not automatically passed down through the administrative route.
In 2009, Italy's Constitutional Court recognized that this restriction was unconstitutional. Since then, descendants whose line runs through a woman can seek recognition — but only through the judicial route.
Who is eligible?
You are eligible for citizenship through the maternal line if:
- Your line of descent includes an Italian woman who had children before 01/01/1948
- No ancestor in the line renounced or lost their citizenship
- You can document the entire line of descent
A practical example
Maria Rossi (born in Italy in 1900) → married and had João in Brazil in 1940.
Because Maria is a woman and her son was born before 1948, citizenship was not passed down automatically.
João → Paulo (1970) → You (1995).
In this case, the only possible route is a court case based on the 1948 argument.
How does the process work?
The case is filed with the Tribunale di Roma (which handles most of these cases) against the Comune of the Italian ancestor. The lawyer submits complete documentation of the line of descent and argues that the gender discrimination in force before 1948 violates the Italian Constitution.
The average timeline is 18 to 24 months, similar to a standard court case, but the legal grounds are different and require specialist expertise.
Required documents
The same documents as a standard court case, with particular emphasis on proving the maternal line with a child born before 1948. The CNN and the Hague apostille are mandatory.
Why do you need a specialist lawyer?
The 1948 maternal-line route demands in-depth knowledge of Italian case law. Not every lawyer has mastered this argument. At Dias&Dias, we have proven experience with this type of case and appear directly before the Italian courts.