Consult: the paternal surname alone is the legacy of a patriarchal conception

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There may have been a real radical change in the direction of equality between men and women. It is, in particular, the possibility of if there is no agreement between the parties, to change the norm that it offers to the children, only the surname of the father.

The Consult replied to the Court of Bolzano, who had doubted about the constitutionality of the rule (Article 262 of the Civil Code) in the part in which it does not provide, given the agreement between the parents, the possibility of giving the child the surname of the mother instead of the paternal one.

The question put by the Court was the following: "Can the parents' agreement on the surname to be given to the child remedy the disparity between them if, in the absence of an agreement, that of the father still prevails?". 

Read also: Mother's surname to children, in Del Paese it is discussed to overcome disparities

According to the Consulta, the attribution of the paternal surname only reflects a patriarchal conception

In particular, the order refers to a 2022 ruling by the Strasbourg Court, which "held that the rigidity of the Del Paeseno system, which makes the paternal surname prevail and denies relevance to a different will agreed upon by the parents, constitutes a violation of the right to respect for private and family life, also causing unjustified discrimination between parents ".

A previous ruling of the Council of 2006 is also taken up, according to which the attribution of the paternal surname to the children "is the legacy of a patriarchal conception of the familyAnd also of "a waning marital power, no longer consistent with the principles of the legal system and with the constitutional value of equality between man and woman". 

Read also: How to give a double surname to a child

  • maternal surname
  • child surname
  • last name
  • court of strasbourg
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