Italian Citizenship Iure Sanguinis Through Judicial Process: What It Is and How to Obtain It

23 Dec Italian Citizenship Iure Sanguinis Through Judicial Process: What It Is and How to Obtain It

In Italy, citizenship is primarily acquired through the principle of Iure Sanguinis, which literally means “right of blood.” This principle grants Italian citizenship to anyone born to at least one Italian parent, regardless of their place of birth, as established by Article 1 of Law No. 91/92.

However, the Iure Sanguinis principle is not universal.

For instance, in the United States, the ius soli principle is dominant, granting citizenship based on birthplace rather than parental nationality. This difference has posed challenges for descendants of Italian emigrants born abroad, as they may hold foreign citizenship under ius soli.

To protect the citizenship rights of descendants of Italian emigrants, Law No. 555/1912 established that children of Italian citizens retain their right to Italian citizenship, even if born abroad.

Basic Requirements for Obtaining Italian Citizenship Iure Sanguinis

There are two fundamental requirements:

1. Descent from an Italian citizen;
2. No interruptions in the transmission of Italian citizenship through the generations.

How to Apply

Typically, recognition of Italian citizenship by descent is sought through an administrative application submitted to the relevant authority, which depends on the applicant’s residence:

• The local municipality (Comune) for residents in Italy;
• The Italian Consulate for residents abroad.

Applicants living abroad are not required to be physically present in Italy. The process is handled entirely by the Consulate or, alternatively, through the Italian courts (managed by an Italian lawyer with a special power of attorney).

However, there are exceptions.

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Judicial Recognition of Italian Citizenship Iure Sanguinis

For descendants of Italians living abroad, especially in countries where demand is high and waiting times are lengthy, a promising alternative has emerged: pursuing Italian citizenship Iure Sanguinis through a judicial process in Italy.

Italian courts grant citizenship rights without requiring applicants to wait for Consulate or municipal office processing.

The judicial route involves filing a case in the Court of Rome, represented by a lawyer licensed in Italy.

To initiate the case, applicants must:

• Sign a power of attorney for the Italian lawyer;
• Send original documents proving Italian descent to Italy.

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Advantages of the Judicial Process

1. Shorter waiting times;
2. No need to travel to Italy at any stage;
3. Family inclusion: The judicial process covers the entire family, allowing members with the same ancestors to file together;
4. Cost-effective: Applicants avoid travel, lodging, and subsistence expenses.

Specialized lawyers analyze each case individually and proceed only when essential requirements are met. These include:

• Proof that the applicant has already submitted an application to the Italian Consulate in their area of residence, with a documented date;
• A demonstrated backlog at the Consulate leading to years-long delays for recognition;
• An estimate of the approximate waiting time;
• Detailed and accurate genealogical documentation, addressing any inconsistencies.

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Required Documentation

Applicants must provide:

1. Complete birth certificates of the Italian ancestor and all direct descendants up to the applicant;
2. Marriage and death certificates of direct ancestors and the applicant;
3. Certified copies of separation or divorce judgments for applicants or ancestors, if applicable;
4. Proof that the ancestor never acquired foreign citizenship before the birth of their descendants, and that neither the applicant nor their direct ancestors renounced Italian citizenship;
5. For administrative procedures in Italy: a certificate of residence.

Foreign documents must be translated into Italian and legalized (or affixed with an Apostille, if the country is a signatory to the 1961 Hague Convention).

Once citizenship is recognized, it is formalized by recording the birth certificate in Italian civil records. The applicant becomes an Italian citizen, fully entitled to an Italian passport.

Minor children automatically acquire Italian citizenship when their parents are recognized, with no additional steps required.