The deposit is expected in the coming weeks.
And only then will all the implications of the historic ruling with which the Constitutional Court put in the cellar the rule of the automatic assignment of the father's surname to children will be clear, costing our country in 2014 a condemnation by the European Court of the rights of 'man.
For this reason, the expectation is growing for the text of the pronunciation, which will experience its effects from its publication in the Official Gazette.
But the various knots that seem open after the decision that replaced the old rule, expression of a patriarchal society, with that for which the children are given the surnames of both parents or by mutual agreement only one, even that of the mother, could not all be released from the sentence drawn up by judge Elisabetta Navarretta.
To settle them, a law of Parliament will probably be needed.
In the previous legislature, the House had approved a text, which was then sunk in the Senate.
And from the Justice Commission of Palazzo Madama the process has restarted which sees seven different bills pending, on which expert hearings are underway.
There are so many questions that await an answer.
What will happen to the second generation?
Will children of the same family be able to have different surnames?
And again: what will the probable retroactivity of the sentence entail?
Will it always be possible to change the surname already assigned?
"I think it will be the law to give us these answers. The Court's ruling will be able to give suggestions but not specifically prescribe how it is to be applied" says lawyer Laura Cossar, an expert in family law and advocate of the first hour of the maternal surname, which is managed to give to his daughter, now seventeen, 15 years ago, doing what he calls "a world war".
Cossar does not hide her enthusiasm for a sentence that she considers "revolutionary", but neither does the problems that will arise.
The one of the second generations stands out, which could be resolved, as they did in Latin American countries, where it is not possible to arrive at four surnames: "you can only keep two, one from the maternal branch, the other from the paternal one" .
A solution that would also be desirable in Italy because the choice of the surnames of only one branch "would be discriminatory".
Another issue is that of retroactivity: "already now it is possible to obtain the modification of surnames, using the legislation on ridiculous surnames with some 'somersaults'. The problem is that all this finds a limit in the recognisability of the minor, which I think will remain and perhaps is right that it should be so. If the minor is already known in his environment with a certain surname that now distinguishes him, we cannot change him ".
But will it be possible to give different surnames to children of the same family?
"I think not, it is certainly foreseeable that there are parents who do not agree, but it still happens today".
Will the ruling also apply to same-sex couples?
"Being recipients of the same norms as couples who get married, I don't see why they shouldn't give their children the surname they choose. Because beyond the discourse of gender equality within the family there is also the right of the child: to have a recognition that is also given by his surname ".
ANSA agency
Consult, stop the automatism of the paternal surname to the children - Chronicle
'The rules that provide for automatism are illegitimate', affirms the Constitutional Court.
'To the children the surname of the two parents'.
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