The practice of women adopting their husband's surname after marriage it is not common in Italy. If you are thinking about adopting your spouse's last name, see four reasons to rethink this decision.
For Brazilian couples, the idea of the wife adopting her husband's surname is natural. In Italy, however, this is not the case.
It is very common to see grandparents with different surnames from their grandchildren and mothers with different surnames from their children. When looking at three generations of women in an Italian family (grandmother, mother and daughter), it is common to find different surnames.
There is a reason for this: Italian law (art. 143- bis of the Civil Code).
Italy does not allow a wife to legally change her surname to her husband's (this can only happen in some special circumstances, described below).
Consequently, the use of their husband's surname by Italian women is limited to social contexts such as:
- Public events;
- Associations, swimming pool, gym, etc;
- Profile on social networks (Facebook, Instagram, Tik Tok, Linkedin, etc.)
- Supermarket cards, cinema cards, etc.
In official situations, the signature must be made using the maiden surname.
In short, Italian law reflects a historical legacy of patriarchal society.
No In the past, the Court of Cassation clearly stated that: “With marriage, the wife acquires the right, but not the duty, to add her husband’s surname” (sentence no. 1692 of July 13, 1961)
You need to be an Italian citizen
If you were not an Italian citizen before marrying your Italian spouse, you will have to wait until you obtain Italian citizenship to apply for a name change. If marriage is the only way for you to obtain Italian citizenship, you will have to wait two years before you can apply if you reside in Italy, or three years if you both live in another country. This waiting period is halved if you have a child.
If you added your husband's last name, that might be a way to get around the problem. However, this could make passport control more difficult and cause problems with Italian bureaucracy later on.
Lots of bureaucracy
This brings us to the second point: bureaucracy.
Italian bureaucracy is scary when you start requesting documents, such as the fiscal Code (tax code) or the residence permit. If you happen to be one of the lucky few people who get permission for a surname change, you will have to change your name on all of these documents. This change is not automatic.
It is also worth noting that a change of surname under the law involves replacing your maiden surname and any compound name you wish to use.
Before obtaining approval for a name change, it is necessary to submit extensive documentation to the Ministry of the Interior, requesting the change to the city hall (prefettura) where you live or where your husband's birth was registered.
Even after completing all required documentation, your application may be rejected if it does not meet one of the following special circumstances.
Strict special circumstances
Wanting your husband's last name is not a sufficient reason for a name change; There must be a better reason according to Italian law. Special circumstances highlighted by the Italian Ministry of the Interior include:
- Addition of the surname to avoid its extinction – in this case, your spouse must attach a family tree to the request.
- Changing your surname after obtaining Italian citizenship – this can only be done after you take the oath of citizenship. As mentioned above, women who wish to change their names must have a marriage certificate.
Even if one of these two special circumstances applies, know that 90% of requests to city halls are rejected.
Divorce can change your name again
According to Article 5 of Law 898, a woman loses her husband's surname in the event of a divorce. However, a woman can request to keep her surname if this is in her interests or for the protection of her children.
Divorce certainly isn't the first thing newlyweds think about when getting married, but it's an important downside to remember. And to make matters worse, you will have to change all your documents again.
Is there a way around this?
In practice, no. Doing a complete name change is a thorough procedure.
However, there is a small loophole in the law that allows wives to add their spouse's name to their maiden surname. Italy's Civil Code stipulates: “The wife shall add her husband's surname to her own and keep it during her widowhood until she remarries.”
This means you can add the preposition "in" after her maiden name. It is not the same as a compound noun; it means you married into that family, and it's not so much a name change as an addition.
Other than that, you can use your husband's name socially but not officially.
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