In Italy, women don't usually take their husband's surname after marriage. If you're thinking about adopting your spouse's surname, here are four reasons to think twice.
For some foreign couples, the idea of the wife taking her husband's surname may be a natural fit. 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. If we take three generations of women in an Italian family (grandmother, mother and daughter), they will all generally have surnames different.
There is a reason for this: Italian law.
Unlike Brazil, Italy does not allow a woman to change her surname to that of her partner when she gets married (this can only be permitted in certain special circumstances, such as those described below).
As a result of this, women in Italy can only use their husband's surname in social contexts. For the most part, they cannot use their husband's surname in official settings and must sign documents using their maiden surnames.
Here are some reasons why you shouldn't take your husband's surname in Italy.
You must be an Italian citizen.
If you were not an Italian citizen before marrying your Italian spouse, you will have to wait until you obtain your 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 to apply if you reside in Italy and three years if you both live elsewhere. The waiting period is halved if you have a child.
If you can change your name to your husband's name in the country where you are a citizen, this may be a way around the problem. However, this can be a nightmare at passport control and can cause problems with Italian bureaucracy later on.
Lots of bureaucracy
This brings us to our second point: bureaucracy.
Italian bureaucracy is daunting when you ask for documents like your tax code or residence permit. If you happen to be one of the lucky few who gets permission to change your surname, you will have to change your name on all of these documents. This will not happen automatically.
It is also worth noting that a change of surname by law means replacing your maiden name and any composite surname you wish to use.
Before reaching the acceptance stage for a name change, you must submit an extensive list of documents requesting a name change to the Ministry of the Interior via the city hall (prefecture) which covers the province in which you reside.
Even after completing all relevant paperwork, your application may be rejected if it does not fall into one of the special circumstances below.
Strict special circumstances
Wanting your husband's surname is not reason enough for a name change; there must be a more appropriate reason under Italian law. Special circumstances outlined 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 have taken the oath. As mentioned above, women who wish to change their name must have a marriage certificate.
Even if one of these two special circumstances applies, there is no statistical data currently available showing how many applications are ultimately accepted.
Divorce can change your name again
According to Article 5 of Law 898, a woman loses her husband's surname in the event of divorce. However, the woman can request to keep it if it is in her or her children's interests.
Divorce is definitely not the first thing newlyweds think about when they get married, but it is 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 a broader sense, no. Having a complete name change is a thorough procedure.
However, there is a neat little provision that allows wives to add their spouse's name to their maiden name. Italy's Civil Code stipulates: “The wife must add her husband's surname to her own and retain it during her widowhood until she remarries.”
This means you can add the preposition 'in' after your maiden name. It is not the same as a compound surname. It means you married into that family and it's not a name change as much as an addition.
Also, you can use your husband's name socially but not officially. (Photo: Depositphotos)
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