avatarFrancesco Carrubba

Summary

The Constitutional Court in Italy has ruled that the law attributing paternal surname to children is discriminatory and damaging to the child's identity, and children will now take the surname of both parents.

Abstract

The article discusses a historic day in Italy, where the Constitutional Court has changed the ancient rule of children receiving their father's surname. The law that attributed the paternal surname is considered discriminatory and damaging to the child's identity. The judges have stopped this automatism, and now children will take the surname of both parents. Both parents must be able to share the choice on his surname, and the guidelines are the principle of equality and the interest of the child. The Italian newspapers have also commented on this ruling, with La Repubblica writing that "Family hierarchies are disappearing" and Il Corriere della Sera stating that "The Court declared the end of the patriarchal conception of the family".

Opinions

  • The judges have declared the end of the patriarchal conception of the family.
  • The sentence on the double surname closes an era.
  • The practical management of this ruling will be very complicated, and it requires an intervention by the legislator.
  • The surname forms a fundamental element of personal identity.
  • The question remains as to whether people agree with this verdict and how it works in their country.

Is It Better To Have the Surname of the Father, the Mother, or Both?

It is a historic day in Italy. The rule has changed, following a sentence by the Constitutional Court

Photo by Juliane Liebermann on Unsplash

In your opinion, is it better to have the surname of the father, the mother, or both? The issue has reached an important turning point in Italy. Here this is a historic day, thanks to a sentence by the Constitutional Court. The rules here had lagged a bit, in fact.

Now the ancient Italian rule changes and the double surname arrives. Until now, children almost received their father’s surname. But now it won’t be like that anymore.

The law that attributed the paternal surname is “discriminatory and damaging to the identity of the child”. This is the verdict of the judges.

THE AUTOMATISM

So the Consulta stopped this automatism. The son or daughter now takes the surname of both parents. Otherwise, the father and mother can decide, by mutual agreement, to attribute only one surname.

Both parents must be able to share the choice on his surname. The guidelines are the principle of equality and the interest of the child. The Constitutional Court ruling underlines these points.

THE MEDIA

The newspaper La Repubblica also wrote on its website: “Family hierarchies are disappearing”. So the sentence on the double surname closes an era.

The Court declared the end of the patriarchal conception of the family. The practical management will be very complicated. The situation requires an intervention by the legislator”. Il Corriere della Sera wrote it.

THE QUESTION

In the meantime, the surname forms a fundamental element of personal identity. The judges stressed it.

And thus, all the more reason, I ask myself. Do you agree with this verdict? How does it work in your country? What is the best solution from your point of view?

If you want to receive my other stories by email click here.

Italy
Correspondents
Surnames
Names And Surnames
Family
Recommended from ReadMedium