Double surname, yes, but we are also thinking of children

The son’s identity history has its center of gravity not only in the attribution of the surname. Juvenile justice is often linked to normative interpretation. In the 1942 Code, the weakest members of the family, women and children, were subject to patriarchal rules, but in 1948 the Constitution with paragraphs 2 and 3 introduced a principle of equality through free determination in private life and prohibiting discrimination among its members. After 1975, with the reform of family law, many social and legislative transformations enabled the effective application of this principle of equality. With regard to children, in Italy the new system of shared custody between all parents was introduced in 2006 – no longer only for married parents – which required the father and mother to agree together on the choices in the children’s interest. fully recognizes the principle of family self-determination.

Nevertheless, the binomial between private autonomy and parental separation that characterizes the dimension of contemporary families has nevertheless so far not been applied to the child’s surname, but a legal interpretation has been expected to confirm the right to liberation and identity. But in our current legislation, the solution was already present without having to bother the Court. To clarify, the law stipulates that parents in the interest of the minor agree on the child’s educational guidelines regarding his or her personality, what is that other than the right to a name?

The Constitutional Court clarified how, in the absence of a rule governing freedom of choice and in the presence of a “rule” allowing for the automatism of the father’s name, it is necessary to refer to the constitutional principles of equality and freedom. For the sake of clarity, it should be noted that there is no rule in our legal system, with the exception of the one on the recognition of a child born out of wedlock, which requires the attribution of the father’s surname, in this special provision it is clarified that the child takes the surname on the person who recognized it first, and if it is recognized by both parents, the paternal surname is valid if the father’s surname is added first by the mother.
So what’s the problem? The eyes of adults bind the future of children. An inspiration of patriarchal culture still present in Italy conditions the choices of families and institutions, thus subordinating the child’s welfare to utilitarian tendencies. Unfortunately, the child’s identity also stems from how and from whom it was born. Consider, for example, how the legal as well as political debate over homosexual parenting is very heated; the peculiarity of generative choices of people of the same sex is pointed out by some as a selfish desire for parenthood, which over time is feared to represent prejudice to the child. As a result, case law has made distinctions, and because of the type of fertilization performed by the couple, the heterologous or the surrogate mother, the child is declared adopted (with the so-called adoption in special cases, therefore not full), legitimate and, in many cases, the recognition of The non-biological parent not approved. Whether he convinces the choice of assisted reproduction or not, behind these bioethical problems is a child who has the right to personal identity.

There is no doubt that even the controversy over the right to a modern name is linked to ethical and political choices. If the world had the eyes of a child, children would come out of the shadow of the embodiment in which they are banished. Many solutions are revealed as possible in the balance between law and real life, but the tendency of western states is to flood childhood with normative hyperprotection, parental disposition is hyper-care, but there is no real listening. to the need of the minor, due to the widespread inability, at different levels, to identify with others to the point where they understand their thoughts and moods. Before the laws, it is our calmer and less conditioned approach to the world of children that needs to be reformed.

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