All the rules that automatically attribute the father's surname to the children are illegitimate.
This was established by the Constitutional Court.
The rule that automatically assigns the father's surname is "discriminatory and detrimental to the identity of the child", establishes a sentence of the Constitutional Court in the light of which the rule becomes that the child takes the surname of both parents in the order of the same agreed, unless they decide, by mutual agreement, to attribute only the surname of one of the two.
In the absence of agreement on the order of attribution of the surname of both parents, the intervention of the judge in accordance with the provisions of the legal system remains unaffected.
Meeting in the council chamber, the Council today examined the issues of constitutional legitimacy on the rules that regulate, in the Italian legal system, the attribution of the surname to children.
In particular, the Court ruled on the rule that does not allow parents, by mutual agreement, to attribute only the mother's surname to the child and on that which, in the absence of agreement, imposes only the surname of the father, rather than that of both. the parents.
Pending the filing of the sentence, the Communication and Press Office of the Constitutional Court announces that the contested provisions have been declared illegitimate by contrast with articles 2, 3 and 117, first paragraph, of the Constitution, the latter in relation to articles 8 and 14 of the European Convention on Human Rights.
According to the Court, in the wake of the principle of equality and in the interest of the child, both parents must be able to share the choice of his surname, which constitutes a fundamental element of personal identity.
The Court therefore declared the constitutional illegitimacy of all the rules that provide for the automatic attribution of the father's surname, with reference to children born in marriage, out of wedlock and adopted children.
It is up to the legislator to regulate all aspects related to this decision.
The sentence will be filed in the coming weeks.
constitutional illegitimacy of all the rules that provide for the automatic attribution of the father's surname, with reference to children born in marriage, out of wedlock and adopted children.
It is up to the legislator to regulate all aspects related to this decision.
The sentence will be filed in the coming weeks.
constitutional illegitimacy of all the rules that provide for the automatic attribution of the father's surname, with reference to children born in marriage, out of wedlock and adopted children.
It is up to the legislator to regulate all aspects related to this decision.
The sentence will be filed in the coming weeks.
