Rules that need be respected and followed are law 92/91, which talks of citizenship. Art. 1 paragraph 1 provides for that “a citizen whose father or mother was born Italian is Italian as well”.
Therefore, someone whose father or mother is Italian is without any doubt Italian too.
The parent nationality is to be evaluated since the person we are actually talking about wasn’t registered right from birth as Italian at the consulate in Iran. According to the quoted art.1 these requisites are to be checked.
There are anyway some dubious aspects we need to survey.
The mother of the person we are referring to got married to an Iranian man in 1970. At that time law enforced was law 555/1912 which art. 10 paragraph 3 provided for that “a woman marrying a foreign person loses her citizenship when the husband one is extended to the wife right after marrigae”.
Constitutional Court 1975 sentence number 87 subsequently declares the above quoted rule unlawful since it opposes Italian Constitution art. 3 and 29.
The effects of such sentence make modifications at a later date, the one of our Constitution enactment January 1 1948.
This means that a woman marrying a foreign man whose citizenship is extended to the wife via marriagedoesn’t lose her nationality anymore. This also mean that all of their children are Italian as well since birth. Cass. Civ., Sez. Un., 27.11.98 n. 12061; Cass. Civ., Sez. I, 18.11.96 n. 10086 prove what stated.
The other problem goes together with military service in Iran. What needs to verified is if a man loses Italian citizenship when attending military service in Iran. We are treating the case of a person whose citizenship both Italian and Iranian, this is ruled by May 6 1961 Strasbourg Convention.
This Convention art. 6 paragraph 3 rules problems connected to military service people holding more than one nationality may have. “An individual whose regular residence is in one of the two countries will be entitled to choose where to do his military service duties”. In additiona to this art. 6 paragraph 6 states “the application of this article instructions does not compromise the individuals nationality”.
Iran didn’t sign this Strasbourg convention, but the above quoted article has to be considered on general basis. Therefore no citizenship is lost when doing milary duties.
Another proof to this is D.P.R. 14.02.1964 n. 237 art. 103 according to which people born abroad also holding local citizenship (of the country where they live in) and having done their military duties in this country, when returning in Italy before the age of 28 do not need to repeat the service in case the othet country one lasts more than six months.
The ones coming back after having turned 28 they are not naymore obliged to military service.
This confirms the fact that a person doesn’t lose one of his citizenships after the fulfilment of military services.
Therefore the man whose question we are answering to didn’t lose Italian citizenship after military service fulfilment.
This man is to be considered Italian since birth because his mother is Italian, he won’t need to ask for authorization but he will be obliged to check that citizenship is a birth right but was never known by Italian authorities.
This evaluation is to be pursuited by the register office of the council where he is to live (ministry of Interior memorandum 28/2002).
While awaiting for this proceedings to come to an end, police headquarters are to release a residence permit on basis of “citizenship”.