Italian court decision changes how the surnames of Italians will be registered

Traditionally the name of an Italian is composed of the first name and a paternal surname. That's how it was for years and that's why it's uncommon to find Italians with more than one surname. This pattern was also reflected in the transcription of Italians born abroad, as in the case of Italian-Brazilians.

Until 2016, it was common for maternal surnames to be suppressed during transcription and only one paternal surname to be recorded in Italian documentation.

In 2016, the Italian Constitutional Court, equivalent to the Brazilian STF, ruled that the maternal surname could also be included in the civil registry of new births. A circular from the Ministero dell’Interno in 2017 clarified the issue and defined some rules.

From this change, Italians born or recognized began to have the possibility of including the maternal surname in the register, as long as the father's surname came before the mother's. Spanish-speaking countries also tend to put the mother's surname last, unlike what happens in Portuguese-speaking countries. However, the transcription of certificates of Italian-Brazilians, in general, did not change the order of the surname and kept the name according to the Brazilian certificate.

On April 27, 2022, a new decision by the Constitutional Court will bring news and more freedom to define the names of the new Italians. The Comunes, however, understand that the new rules are not automatic and are waiting for a new circular from the Ministero dell’Interno, or the definition of law by the Italian Parliament, to apply the possible new rules.

See below for a summary of what it was like, what it is like and what the rules for civil registration will be like.

Before 2017	Today	What's expected for tomorrow
First name + a paternal last name (automatic)	First name + a paternal last name (automatic and mandatory) + maternal last name (optional)	First name + maternal and/or paternal surnames in any order, as decided by the parents. If the parents do not have a specific decision, the names will automatically be registered with the surname of the two parents.

How did this change take place?

A father and a mother had three children, two of them before marriage. The first two children were registered with the mother's surname and the third, since he was born after marriage, was registered with the father's surname. The family, wishing that the three brothers could have the same surname, filed lawsuits and after some denials from lower courts, received a favorable decision from the Constitutional Court. The Court held that it is unconstitutional to register a child's name automatically with the father's surname. This decision thus generates a jurisprudence that still needs laws and regulations.