Change of name or surname

INTRODUCTION

Contrary to what happens in Australia, where it is possible to change the name or surname through a simple administrative procedure, in Italy the measures to change or modify the name or surname are of an exceptional nature and can only be admitted in the presence of objectively relevant situations, supported by adequate documentation and solid arguments, as highlighted by Presidential Decree November 3, 2000, n. 396.

This regulatory text allows:

• modification/change of name and/or surname because it is ridiculous or shameful or because it reveals natural origin (a 89);
• modification/change of name or addition of another name to one’s own (art. 89);
• modification/change of surname or addition of another surname to one’s own (art. 84).

By modification we mean, purely by way of example, a passage from “Guiseppe” to “Giuseppe”, while by change we mean a passage, again by way of example only, from “Eulalia” to “Ashleigh”. Other possibilities are, always as an example and always needing the appropriate reasons, a passage from “ROSSI-DELLA COSTANZA” to “ROSSI DELLA COSTANZA”, “ROSSI HAVILLAND” or simply “HAVILLAND”. In no case can applicants request the attribution of surnames of historical importance or such as to mislead as to the belonging of the applicant to illustrious or particularly well-known families in the place where the applicant’s birth certificate was registered or transcribed or at the place of his current residence.

A WOMAN IS NEVER PERMITTED TO CHANGE HER SURNAME TO HER HUSBAND’S SURNAME, EITHER IN SUBSTITUTION OR IN ADDITION TO HER OWN.

COMPETENCE TO HANDLE THE REQUEST

The law, as amended by Presidential Decree March 13, 2012, n. 54, assigns the competence in the matter to the Prefect of the province of the place of residence or of the one in whose district the civil status office is located where the birth certificate to which the request refers was registered or transcribed. For those registered with AIRE, the competent Prefect is that of the Municipality of registration with AIRE.

PROCEDURE

1. After having anticipated all the documentation via email to perth.statocivile@esteri.it,  the applicant must wait for the consular communication containing (1) the confirmation that the documentation provided is correct and (2) the invitation to report to Consulate on the days and at the established times to personally deliver the application, sign it and pay the required stamp duty.
2. With the online form it is necessary to send: clear and legible scan of one’s own identity document, exclusively Italian; documentation that the applicant deems necessary to support his or her reasons (foreign civil status documents bearing the new personal details, Italian and/or foreign identification documents, declarations, etc.).
3. Once the consular confirmation has been received, the applicant must personally appear at the Consulate to sign and deliver the request for change/modification of name and/or surname, showing their own Italian identity document and the originals of the documentation already sent in advance with the online form. Furthermore, the payment of the first stamp duty (NAA) is due, followed by two other similar payments in the subsequent phases of the proceeding. In case of minor children, a different form has to be used.
4. Wait to be contacted by the Consulate once the Prefect has expressed their favor on the admissibility of the request and has therefore issued the provisional decree, with which they authorize the posting of the summary of the request in the consular register.
5. During the posting period (30 days) and during the following 30 days, any counter-interested parties may present an objection to the competent Prefect.
6. Once these periods have elapsed, the Prefect issues the definitive provision which, if favorable and subject to the fulfillment of the 3 payments envisaged for the stamp duty (NAA), will be transcribed and annotated, at the request of the interested party, in the civil registry of the Municipality of transcription of the applicant’s birth certificate, or, for those AIRE-registered, of the AIRE municipality.
7. Only once the entire procedure has been completed, will it be possible to request the documents with the new name/surname.