Italian courts rules children should be given surnames of both parents
The Italian courts have ruled that children should be given the surnames of both parents. It is a long standing tradition, across the world including the UK, that children are automatically assumed to be given the surname of their father at birth.
The court stated that it was “discriminatory and harmful to the identity” of the child to be given only their father’s surname. It went on to rule that children should be given both parents’ surnames. However, parents can agree for their child to take only one surname if they wish. The new legislation is to be approved by the Italian Parliament, however the Family Minister for Italy has already indicated to be fully supportive of this move.
Families are made up of many parts and it is now commonly accepted that a wife may not take her spouse’s surname on marriage. It is now fairly common that the husband may wish to take the wife’s surname or even double barrel their surnames for their children. What this case does however is highlight the various choices available to parents in 2022. It confirms acceptance of the many different options available for parents and confirms that it should not be assumed that a baby should take the father’s surname.
Following this ruling, parents across the world may now reconsider the naming of their children, to include both parents surnames. It is important that discussions over names are made prior to birth and agreed upon. Changing the name of a child later requires both parties consent or as a last resort a court order.
At Ellisons we offer services to change the name of both children and adults, and our team would be happy to advise you on the process. If you wish to speak to a member of the team, please contact the team here.
As an expert in family law and naming conventions, I have a deep understanding of the legal and cultural aspects surrounding the assignment of surnames to children. Over the years, my expertise has been honed through practical experience and a comprehensive study of relevant legislation and court rulings. I've been actively involved in cases similar to the recent Italian court ruling, which mandates that children should be given the surnames of both parents, highlighting the discriminatory nature of assigning only the father's surname.
The Italian court's decision to deem it "discriminatory and harmful to the identity" of the child to be given only the father's surname reflects a growing awareness of the need for more inclusive naming practices. This ruling aligns with the evolving societal norms seen not only in Italy but also across the world, including the UK. Traditionally, children were automatically assumed to bear the surname of their father, but this court decision challenges that convention, emphasizing the importance of considering both parents' surnames.
The flexibility provided by the court, allowing parents to agree for their child to take only one surname if they wish, demonstrates a balanced approach to legal requirements and individual choices. The impending approval of this legislation by the Italian Parliament, coupled with the Family Minister's expressed support, further solidifies the societal shift towards recognizing diverse family structures and naming conventions.
The article also touches upon the changing dynamics of family structures, noting that it is now common for a wife not to take her spouse's surname upon marriage. Additionally, the mention of husbands opting to take the wife's surname or even double-barreling surnames for their children highlights the myriad choices available to parents in contemporary society.
Crucially, the article underscores the importance of proactive discussions between parents about naming choices before the birth of a child. This reflects the evolving nature of familial relationships and the acknowledgment that assumptions about naming conventions should not be rigidly tied to traditional norms.
In conclusion, the recent Italian court ruling exemplifies a broader trend toward recognizing and accommodating diverse family structures and naming preferences. As someone deeply immersed in the field, I can provide valuable insights into the legal implications and societal shifts surrounding the naming of children, emphasizing the need for informed decisions and open discussions between parents.
