La trasmissione del cognome ai figli: fine di un’era?

Di Enrico Repetto -

The Constitutional Court returns, with the recent ordinance n. 18/2021, to reflect on the constitutional legitimacy of the current surname transmission rule. In light of the future outcome of the judgment, attention needs to be turned to the application problems that, in the absence of a timely and complete intervention by the legislator, could arise. The Judge of Laws aims to harmonize the matter with the principles of equality coming from the supranational panorama, reiterating the importance of assigning the surname of both parents as an expression of personal and family identity. This, however, must be linked with the importance of maximally protecting the choice of parents regarding the right to assign a single surname or both, in the order of preference. These possibilities, nevertheless, would underline the need to introduce a rule in the system governing the assignment of the surname to the next generation and a residual rule to be applied in the absence of an express declaration from the parents.