Question regarding 1948 law

[thesle]

Hello

While trying to procure my ancestor's birth or baptism certificate I stumbled upon the 1948 law.

Now I am not sure whether or not to continue my search since I'm not sure how or if the 1948 law would apply.
I find conflicting information regarding how citizenship is passed when it comes to women born pre 1948.

I'll try to format it as nicely as possible.

• Great(4x) Grandfather - Born in 1805/1807 in Casella, Genova - Immigrated to Peru in 1932 Married local woman daughter of Genovese man
• Great(3x) Grandfather - Born in 1840
• Great(2x) Grandfather - Born in 1867
• Great Grandmother - Born in 1894
• Grandmother - Born in 1930
• Mother - Born in 1962
• Myself - Born in 1990

Any advice would be very welcome and I thank you all in advance

[mler]

There is not enough information to answer your question. First and foremost was your 4xgrandfather still living in 1861 (Italy’s unification)? If he was still living, did he naturalize, and, if so, when?

[mler]

To be more specific:

Your 4x grandfather was not born with Italian citizenship since the Kingdom of Italy had not yet been formed. If he were still alive in 1861 AND had not naturalized to become a Peruvian citizen, then he acquired Italian citizenship at that time. There may still be an issue in that your 3x grandfather was born before his father became an Italian citizen, and Italy may not recognize that the father’s citizenship could be passed to an adult son who was born with Peruvian citizenship. I am guessing this would be a major problem that would end the citizenship line especially if your 3x grandfather was married in 1961.

There is no limit to how many generations you can go back to claim Italian citizenship, but practically, there is a limit, and that limit is that you can’t go back to before Italy’s unification when it officially became Italy.

I suggest you check with an Italian attorney before you proceed further.

If the attorney thinks there is a possibility that citizenship was passed to the adult son, you would be able to apply through the subsequent female line in a 1948 case.

I must add, though, that I believe the date situation makes this case non viable.