“All the rules that automatically attribute the father's surname to the children are illegitimate.” This was established by the Constitutional Court.
The same Council also branded the rule that automatically attributes the father's surname as "discriminatory and damaging to the identity of the child".
A sentence in the light of which the rule becomes that the child takes the surname of both parents in the order agreed by them, unless they decide, by mutual agreement, to attribute only the surname of one of the two.
In the absence of an agreement on the order of attribution of the surname of both parents, however, the intervention of the judge in accordance with the provisions of the legal system remains unaffected.
The verdict concerns all the rules that provide for the automatic attribution of the father's surname, with reference to children born in marriage, out of wedlock and adopted children.
It is now the task of the legislator to regulate all aspects related to the decision, underlines the Constitutional Court , which will file the sentence in the coming weeks.
(Unioneonline / lf)