In a groundbreaking decision, Italy’s highest court has ruled that babies will no longer automatically inherit their father’s surname. This change comes after the Constitutional Court declared the previous practice “discriminatory and harmful to the child’s identity.”
Historically in Italy, children received their father’s family name at birth, unless the child was born out of wedlock or the father’s identity was unknown. However, the court has now emphasized that both parents should have equal say in choosing their child’s surname.
The case that led to this ruling involved a couple with two children from the mother’s previous partner. While the children from the previous relationship had the mother’s surname, they could not give their third child the same surname when they had a new baby. This led them to file a lawsuit in 2020, which eventually reached Italy’s Supreme Court.
Family Minister Elena Bonetti praised the decision on Facebook, stating, “The time has come for a change.” She expressed the government’s support for legislative steps towards gender equality. “This ruling means that the Constitution recognizes no preference for masculine over feminine in family law. It addresses discrimination against women and children,” Bonetti added.
Looking ahead, the new ruling could lead to changes in how surnames are assigned. One proposal includes using a four-barreled surname combining both parents’ names. Another option could involve dropping one of the surnames with mutual agreement from both parents.
This decision marks a significant shift towards ensuring equality in family naming practices in Italy.
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