La parità del padre e della madre mediante l’uso del doppio cognome: un risultato raggiunto?

Marianna Rinaldo

2025-01-01

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Abstract

This contribution, without claiming to be exhaustive, offers some suggestions in the field of attribution of family names to children. The starting point of the work, although three years have passed since its publication, can only be the well-known judgment of the Constitutional Court of 31 May 2022 n. 13, with which the rule of the patron has been subverted the automatic double-naming of children. In this way, both parents are given equal dignity and value in the process of building up the child’s family identity. The question, in truth, should not be relegated to the mere legal evolution of the discipline of attribution of the surname to children. The reflection must be much deeper in that it is functional to the understanding of the role that women play in present-day society, compared with the subordinate position they occupied in the past, both in the family and the social. The judgment, then, represents an important stage in the woman’s journey towards achieving gender equality, which passes through the recognition of formal and substantive equality of father and mother.