Why 1948? Qualification!

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Why 1948? Qualification!

Postby brad44 » Tue Jan 27, 2009 2:24 pm

My grandparents immigrated from Sicily to the US and while my mother was born (1935) two years after my grandfather was naturalized, my grandmother only had a green-card and never became a US citizen. Why is it that children of mothers born after 1948 are able to obtain Italian citizenship from the grandmothers side, but not prior to 1948? Is there any way for me to qualify? Thanks for you responses!
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Re: Why 1948? Qualification!

Postby zagnut » Tue Jan 27, 2009 2:41 pm

The 1912 citizenship law only allowed males to pass citizenship to children. In 1948 Italy passed a new constitution with gender equality under the law. Over the following decades various court cases and laws began recognizing the right of females to pass on citizenship. But the right of females to pass on citizenship only began in 1948- the constitution wasn't retroactive.
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Re: Why 1948? Qualification!

Postby Monica » Sun Apr 19, 2009 1:06 am

Its quite frustrating the 1948 rule should be voided and not matter when as long as they are.
But yeah both my parents are italian and thank goodness my mother was born in 1949
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Re: Why 1948? Qualification!

Postby Tiffany » Mon Apr 20, 2009 12:33 am

Monica wrote:Its quite frustrating the 1948 rule should be voided and not matter when as long as they are.
But yeah both my parents are italian and thank goodness my mother was born in 1949


It doesn't matter when your mother was born. Had she been born in 1947 to her Italian parents, she still would be a citizen. It is the date of birth of her offspring (you and any siblings) that count. Since she probably didn't have any children before the age of 12 (when most girls get their periods), it is safe to say that had she been born even in 1936, you and your siblings would still be safe.

The date of birth of the child is what matters if born to an Italian citizen female. No child born before 1948 could inherit Italian citizenship from a female parent, only a male parent.
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