Nel nome della madre. Il diritto alla trasmissione del cognome materno come espressione del principio di uguaglianza. Un’analisi comparata

The system of surname transmission still in force in Italy provides for the exclusive appointment of father's family name, with no opportunity of assigning the mother's one, for married couples, at the moment of childbirth. This paper shows a comparative perspective of most common and popular models of surname transmission legislation to then focus on the Italian case, reporting current regulations, decisions by ordinary tribunal and Constitutional Court and prospect of reform. The aim is to identify a system which allows to overtake the present Italian discriminatory rules and defining a legislation respectful of the equality principle.