From today in Italy the new born will not automatically have the father's surname. All the rules that attribute this to default will be illegitimate. This is the decision of the Constitutional Court. This practice was defined as discriminatory and harmful to the identity of the child.
The choice of the surname
A blow in the sponge is passed on a real bulwark of the patriarchal conception of society and, specifically, of the family. The child will take both the surname of the father and the mother. The parents will then decide the order of the two. There is obviously the free choice to assign only one.
There is obviously the possibility that there will be a lack of agreement between the parties on this front. Especially in this initial phase, conflicts could arise. In this case, the note states, the judge will intervene in accordance with the provisions of the legal system.
All the rules that automatically provide for the attribution of the paternal surname are to be considered constitutionally illegitimate. This official declaration concerns both children born within the marriage and those born outside the marriage, as well as adopted children. The rule on which the Court has ruled in a particular way is that which prevented attributing only the mother's surname to the child, in the presence of mutual agreement or not. In this case, only the father's surname or the presence of both in the best scenario was required. A small revolution of great importance, both practical and ideological. A strong signal is launched as a function of a society that looks at its citizens in a truly egalitarian way.
