In the judgment No. 53 of 2025, the Italian Constitutional Court (Corte costituzionale) ruled on the issue of the right to personal identity in the adoption of adults. The Constitutional Court upheld the constitutionality of Art. 299, paragraph 1 of the Italian Civil Code, insofar as it does not allow the substitution of the original surname of the adult adoptee with that of the adopter, even with the express consent of both parties. Under Art. 299 adult adoptees may only add or place the adopter’s surname before their own while substitution is not permitted.  Such an option is instead granted to adoptees who has not reached the age of majority.

Within this legal framework the Court of First Instance of Reggio Emilia raised an issue on the constitutionality of Art. 299, paragraph 1 of the Italian Civil Code in relation to Art. 2 and 3, paragraph 1 of the Italian Constitution.

The Italian Constitutional Court rejected the objections raised by the referring judge. Regarding the alleged conflict between Article 299, paragraph 1 of the Italian Civil Code and Article 2 of the Constitution, the Constitutional Court ruled that the provision of the Civil Code does not infringe upon the adult adopted person’s right to personal identity. The surname is considered part of the enduring core of personal identity, formed over a significant period of time (at least eighteen years), and is generally not fully available of its holder. Furthermore, the surname also serves an important identifying function. Therefore, it is not unreasonable to exclude the possibility of substitute the original surname of an adult adoptee.

Finally, the Constitutional Court also rejected the question of constitutionality under Art. 3, paragraph 1 of the Constitution, ruling out that there is a reasonable disparity between the rules governing the change of surname in the adoption of persons who has not reached major aged and those governing the adoption of adults. The differing purposes and implications of minor and adult adoption fully justify a differentiated regulatory framework concerning surnames.

 

(Comment by Pietro Campana)