Officials must balance personal identity and public interest
According to the Italian law, changing your name or surname is doable. Requests are approved when backed by solid, objectively relevant situations, properly documented and well-reasoned. Typical examples include names that are embarrassing, ridiculous, or tied to religion.
In recent months, the discretionary power of the authorities in granting name-change requests has returned to the spotlight, following a Prefecture’s denial that was later overturned by the Council of State, reopening the jurisprudential debate. The issue gained particular attention with a ruling of the Council of State (Third Section), published on May 27th, 2025.
Case in focus
The case concerned an Italian woman who, upon marrying under the laws of a foreign country (before she was officially recognized as an Italian citizen) had taken her husband’s surname. Once her Italian citizenship was granted, however, she was assigned her maiden name, in line with Italian law which mandates the birth name to be used. Faced with this discrepancy in her name between two countries, she applied to request a name change in Italy so to keep the married surname she had used for years.
Under current practice, married women may have their husband’s surname mentioned in their passport (on page 4), but their official personal details remain those of their maiden name. Anyone who wishes to formally change their surname must file a request with the Prefecture.
What was the outcome before the Prefecture?
The Italian woman applied to the Prefecture, which rejected the request, arguing that surname changes are exceptional and must be justified by objectively significant reasons. According to the authorities, she should have challenged the decree granting her citizenship using the birth name.
What did the Council of State say?
However, the Council of State overturned the Prefecture denial andallowed the name change, noting that imposing the birth surname (after twenty years of using and being identified by the married surname) would harm the applicant’s right to personal identity and her integration within the community. The Prefecture’s refusal is therefore justified only by concrete public interest, such as maintaining clear identification within the community.
So, does this mean authorities must approve every request?
Discretion remains, but authorities must exercise it by carefully weighing the law, the public interest, and the individual’s personal and social identity, considering the applicant’s expressed will very seriously. We have successfully assisted many clients to change their name/surname.
Check also the following article How to legally change your name in Italy essential steps and tips
Contact our citizenship team for an assessment of your case.
This article was written by Giuditta De Ricco and Greis Muca.
