I'm heading for an Italian passport! Are you with me?
A while ago my friend and partner received a strange request. A potential client sent him a DNA test confirming that he was a descendant of Pippinus (769–811 BC), son of Charlemagne (742–814 BC). The client's question was: can a DNA test be used as a basis for obtaining Italian citizenship?
Italian citizenship is based on the "jure sanguinis" principle. This means that a child born to an Italian father or mother is also an Italian citizen, regardless of where he was born. People with Italian ancestors may be eligible for citizenship depending on a number of factors, such as the date and place of birth of their parents, grandparents, and even great-grandparents. An individual can apply for Italian citizenship with no generation limit.
However, the answer to the question of Pippin's descendants was NO. Why?
Until 1861, the Italian state did not exist, and there is no need to talk about Italian citizenship. With a few exceptions, the oldest Italian ancestor from whom Italian citizenship can be obtained must be a person who acquired Italian citizenship in or after 1861.
The fact that some Italian territory was only temporarily part of the Italian state can also influence the decision to obtain a passport.
Italian law requires the applicant to prove their right to a passport with various documents, but among them no DNA test is listed.
Finally, confirmation that the applicant is 100% Italian by birth (i.e. his mother or father is Italian) is not enough to obtain citizenship. In fact, until 1992, Italian law did not allow dual citizenship. Accordingly, citizenship was automatically lost if one of the ancestors became a citizen of another country.
Under the Citizenship Law of 1912, only men could pass on their Italian ancestry to their children. The principles of gender equality have been established since January 1, 1948, when the Italian Constitution came into force. Unfortunately, the new legislation was not retroactive, and therefore children born to an Italian mother before 1948 are not automatically considered Italians.
If you think that this distinction between men and women cannot be remedied in court, you are wrong! The Italian Supreme Court will help you!
In 2009, it ruled that discrimination between men and women in matters of citizenship is unconstitutional. All descendants born at any time to an Italian parent, father or mother are Italian citizens by birthright.
Unfortunately, this decision did not have any consequences for the Italian authorities and their representations in other states. If you find yourself in the "1948 cases" and apply for the recognition of Italian citizenship, the consulate of your country will strictly follow the Italian law and will reject your application. But you can continue your trial at the Supreme Court in Rome.
There are often situations where an Italian citizen moved to the United States and naturalized as a United States citizen before having children. This fact (that is, obtaining a second citizenship) leads to the interruption of Italian descent by blood. Therefore, Italian citizenship can no longer be automatically transferred to his descendants.
However, do not give up hope. Italian law is quite generous to anyone who can prove they have an Italian parent or grandparent! So if you have a reason, it's worth a try!
