Carla Bassu

In the Name of the Mother. The Right to Mother's Surname Transmission as Expression of Equality. A Comparative Analysis

  • Abstract

Informations and abstract

Keywords: Transmission of Surname Legislation; Equality Principle; Gender Equality; Comparative Law; European Court of Human Rights.

The system of surname transmission still in force in Italy provides for the exclusive appointment of father's family name, with no opportunity of assigning the mother's one, for married couples, at the moment of childbirth. This paper shows a comparative perspective of most common and popular models of surname transmission legislation to then focus on the Italian case, reporting current regulations, decisions by ordinary tribunal and Constitutional Court and prospect of reform. The aim is to identify a system which allows to overtake the present Italian discriminatory rules and defining a legislation respectful of the equality principle.

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