In the Name of Equality. The Italian Constitutional Court Rewrites the Rule on Surname Attribution

In response to the question of legitimacy raised by the Constitutional Court in February 2021, judgment no. 131 of April 27 to May 31, 2022, introduced a significant change regarding past disciplinary matters. Additionally, the new rule governing family names, which is based on a new foundation, was affirmed. This foundation is the protection of gender equality, which is an essential element for guaranteeing the identity of the child. It would be interesting to consider the innovation adopted by the French law on name attribution (Law no. 2022-301 of 2 March 2022) in the context of the ongoing evolution of family law. While this represents a significant step forward in terms of autonomy, it is important to acknowledge that challenges and uncertainties remain in both Italy and France.