Wednesday, September 24, 2014

The Chamber vote yes farewell the obligation of the father’s surname to their children – Corriere della Sera

The Chamber vote yes farewell the obligation of the father's surname to their children – Corriere della Sera



Milan , September 24, 2014 – 21:03

     
     
 



Farewell obligation of the father’s surname for their children: here comes the freedom of choice. The Plenary of the House has approved a bill that abolishes the obligation of the father’s surname for their children, leaving on freedom of choice for parents. The text, approved by secret vote in the House with 239 yes, 92 no and 69 abstentions (the group M5S), now goes to the Senate. They voted against the League, FDI, to Italy and Ncd; Dorina Bianchi of the new center has voted in dissent from his group. Forza Italy has given his freedom to vote. The bill adapt our system to the judgment of the European Court of Human Rights on 7 January.

The new rules

Under the new law, at birth the child will have the name of the father or the mother or the two names, as they decide together parents. However, if there is no agreement, the child will have the last name of both in alphabetical order. Same rule for children born out of wedlock and acknowledged by both parents. But in case of belated recognition on the part of a parent, the name is added only if there is consent of the other parent and the child himself if fourteen.
The new rules will be effective immediately. The application is in fact subject to the entry into force of Regulation (the government will adopt it no later than one year) which is to adjust the sort order of civil status. While waiting for the regulation, but it is possible (if both parents agree) to add the surname of the mother

For adopted children

The principle of freedom of choice, with some adjustments, also applies to adopted children. The surname (only one) to be prepended to the original one has been decided unanimously by the spouses, but if there is no agreement follows the alphabetical order. With regard to the transmissibility of the surname, who has two surnames can transmit to his son only one, of his choice. The age that the only paternal or maternal family name, with a simple declaration to the registrar, can add the name of the other parent. However, if born out of wedlock, can not take the name of the parent who did not know him.

The first comments

” It’s another step towards gender equality and the full parental responsibility. ‘ So Donatella Ferranti, chairman of the House Judiciary Committee, said the green light to the text on the freedom of choice in the allocation of the surname to their children. “The son – he explains – now or will have the father’s surname or the mother, or both, depending on when they decide together the two parents. But if the agreement is not there, the child will have the last name of both parents in alphabetical order. The obligation of the father’s surname is a symbol of a patriarchal legacy out of time and absurdly discriminatory, as such severely criticized by the European Court of Human Rights. The text, which I hope the Senate will consider in quick times, finally puts us in line with other European countries. ”
Spera nell’affossamento the Senate Stefania Prestigiacomo, who writes on Twitter: “#doppiocognome children who must choose which surname transmit, to mom or dad. Horror. #Senatoaffossala “And then,” #doppiocognome alphabetical order in the event of disagreement between the parents. Incredible! #Senatoaffossala »

September 24, 2014 | 21:03

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