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Italian Court Ends Automatic Use of Father’s Surname for Babies

Babies born in Italy will no longer automatically receive their father’s surname after a historic ruling by the Constitutional Court. The court deemed the practice discriminatory and harmful to a child’s identity, emphasizing the need for equality between parents.

Previously, Italian children were automatically given their father’s surname unless the father’s identity was unknown or the child was born out of wedlock. The court stated, “In the principle of equality and in the interest of the child, both parents must be able to share the choice of the child’s surname.”

The case that led to this ruling was filed by a couple who wanted to give their third child the same surname as the woman’s two children from a previous relationship. However, Italian law prevented them from doing so, prompting them to take legal action. Their lawsuit, initiated in 2020, eventually reached the nation’s highest court.

Elena Bonetti, Italy’s Family Minister, welcomed the ruling, calling it a step forward for gender equality. In a Facebook post, she assured the government’s support for upcoming legislation to align family law with modern values.

She further stated in an interview, “The surname is part of a person’s identity and history. This ruling eliminates discrimination against women and children and ensures equality between genders.”

The ruling opens the door for new legislation on naming conventions. For now, babies may receive a combination of both parents’ surnames, potentially creating a four-barreled surname. Minister Bonetti suggested that parents might be allowed to simplify this by removing one surname with mutual agreement.

This decision is a significant move toward promoting gender equality and respecting individual identities in Italian family law.

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