How to give a double surname to a child
Double surname to the son? Yes it can. From December 2022, in Del Paese, there is the possibility of add the mother's surname to your child. But how is it done? We asked Silvia Colombo, lawyer of the court of our city, vice president of the association Ami, Matrimonialist Lawyers Del Paeseni district section of our city.
What does the law provide on the subject of surname
«The process starts from a sentence of the Constitutional Court of November 2022, published in December - explains Silvia Colombo -. Since then it has been possible to give the double surname to children born or adopted after 21 December 2022 ». The provision however, it is not retroactive: if, when giving the surname to your child, you did not want to add that of the mother, you can no longer ask now.
At the moment, however, there is still no precise law governing the matter. "It is based on the circular number 1/2022 of the Ministry of the Interior which explains what the individual municipalities must do". One of the first cases of application dates back to 3 January 2022 in Ozzano dell'Emilia, in the province of Bologna.
How to give the double surname
"Both parents must go to the registry office and ask the registrar to apply the double surname for their child there." At the moment, the mother's surname is expected to follow that of the father.
«Today, however, we have a legislative vacuum and still many doubts: apart from knowing the order of the surnames and the need to receive the request from both parents, there are no further details. For example, it is not known whether the child, having become an adult and a parent in turn, will pass on the double surname to the child or only one of the two ".
It is also necessary to understand whether the rule will also be applied to homosexual couples linked by civil union, and to those who have obtained (and will obtain) double paternity or maternity, as in the case of the Trento sentence.
In fact, the ability to give also the mother's surname the child was already present in our system. «A decision of the Council of State of 2004 establishes that, in the presence of valid reasons, the surname of the mother can be added to that of the father. But this request it can be accepted or denied by the prefect. In case of refusal, the Court will appeal. With the new law, however, the parental consent to make the decision effective ".
Is it possible to change the surname of the child?
It is then possible change the child's surname, but only for specific reasons, such as if the surname is ridiculous. "Even in this case, however, the prefect can decide whether to accept or reject the request."
The only case in which, however, is It is possible to give the surname only of the mother in the case of unmarried couples, in which the father does not recognize the child at the time of birth. «He has time for a few days to reconsider, recognize the child and give him his surname. If, on the other hand, he spends a lot of time, he has to make an application to the court ».
- maternal surname
- last name
- newborn 0-3 months