Italian Court Rules Kids Should Take Both Parents’ Last Names

It's a landmark case for Italian parents.

By Karly Wood April 29, 2022

two parents holding baby on bed, italian court ruling kids last names

The Italian Constitutional Court in Rome has spoken: Babies should be able to take both parents’ last names by default. The landmark ruling means that going forward, just taking their father’s surname will no longer be the norm. Now, parents can have a say on just what their children’s complete names will be.

According to the Washington Post, the court stated that a child’s surname is a “fundamental element of personal identity,” and that the parents should be able to choose. The ruling would apply to unmarried and married couples, in addition to adopted children.

Doubling up: Italian children should get both parents' surnames, court says https://t.co/PMF2roTvHT pic.twitter.com/hNO5lZuZcx
— Reuters (@Reuters) April 27, 2022

The court states that the current practice of just taking the father’s last name is “discriminatory and harmful to the identity of the child.” Additionally, inheriting just the father’s name without consent from the parents was also deemed unconstitutional.

On the issue, NPR also shared that “the practice violates numerous articles of Italy’s Constitution, which protects the citizen’s rights surrounding sex, race, religion and more.”

Italy has a family from the Basilicata Region to thank for the new changes. When a set of parents attempted to give their newborn child the mother’s last name to match that of the couple’s two older children, the court denied the request. At the time, the law only allowed for the father’s surname or both surnames to be assigned, something that the family did not want. With the help of their attorney, they took the matter to court, where the ruling eventually granted them the opportunity to choose their own name.

Now, parents can decide to have both names or just the mother’s name if they both agree. To implement the ruling, the Parliament will need to approve new legislation, but statements from the Italian Ministry of Family and Equal Opportunities show support for the issue as it moves to the next step.