Italy’s tradition of giving a child their father’s surname has been overturned by a court. The country’s constitutional court ruled on Wednesday that both parents should be able to choose their baby’s last name.
The current practice of using the father’s surname is “discriminatory and damaging to the child’s identity,” the court said in a statement, according to Reuters. The court said children should be given both parents’ surnames — in whatever order the parents decide — unless the parents agree to use only one.
The Italian government must create and approve new legislation to implement the court’s decision, Reuters reports.
In the US, each state has its own rules for names on a birth certificate. Many states require two names — a first name and a surname — and certain states require that if parents are married at the time of their child’s birth, the father’s surname is used, according to usbirthcertificates.com, which provides information about states’ births summarizes attestation laws. In Mississippi, the child automatically takes the father’s surname if the parents are married, but a different name may be requested.
Meanwhile, other states allow the child to take the mother’s maiden name as long as both parents agree, according to usbirthcertificates.com.
Italy’s Minister for Family and Equal Opportunities Elena Bonetti wrote about the legislation on Facebook and said the government would fully support the court’s decision.
“Today we reverse the picture: We recognize equal dignity and equal responsibility for both parents, even parental ones,” wrote Bonetti. “A clear and solid indication is given, affirming that the election of our Constitution is the election of a democracy that can be said to be achieved only in the face of a full outreach of gender equality.”
Italian MEP Cecilia D’Elia tweeted on the decision that mothers should be accorded the same “dignity as fathers, a sign of civilisation”.
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Caitlin O’Kane