Unlike what happens in Australia, where changing name or surname can be obtained by means of a simple administrative procedure, in Italy provisions allowing for name or surname changes/modifications constitute an exception and are granted only in the presence of objectively relevant situations, supported by adequate documentation and based on valid and justified grounds, as pointed out by the Presidential Decree of 3 November 2000, No. 396.
Specifically, the Decree 396/2000 provides for:
- Changing own name or surname because it is ridiculous or shameful or because it reveals own natural origin (art. 89);
- Changing name or adding another name to own (art. 89);
- Changing surname or adding another surname to own (art. 84);
COMPETENCE
Current legislation, as amended by the Presidential Decree of 13 March 2012, No. 54, rules that the competent authority for this matter is the Prefect (either the one relevant for the place of residence or for the Municipality where the birth was registered). For Italian citizens residing abroad and registered with AIRE the relevant Prefect is the one who has jurisdiction over the AIRE Municipality of reference.
APPLICATION PROCESS
- The application for change of name/surname must be lodged in person. A copy of an Italian id document must be enclosed. The application is subject to stamp duty. In the circumstance the change of name/surname is sought on the grounds that it is ridiculous or shameful or because it reveals own natural origin, the application will be exempt from payment of stamp duty;
- To the application all documents that is considered by the applicant relevant to justify the application should be attached. As an example: foreign certificates attesting the new name/surname, Italian end/or foreign identification documents, declarations etc. could be attached to the application;
- The Prefect will proceed with the assessment and, if the prescribed requirements are met, he will issue a decree authorizing the posting on the Consulate General notice board of a summary of the application;
- During the posting period (thirty days) and for the following thirty days, any disagreeing party may raise an objection to the aforesaid Prefect;
- Once these periods have elapsed, the Prefect will issue the final decree that, if favourable (subject to payment of the stamp duty) may then be recorded, at the applicant’s care, in the Registry Office where his/her birth is registered.
NOTE: Under no circumstances applications for the change of surname into one of historical importance or where mistakenly it could create the impression of the belonging to illustrious families, or to families particularly famous in the area where the applicant resides or where is birth certificate is registered, may be submitted.
It is also not permitted for a woman to change her surname to her husband’s.
PROCEDURE
- Visit the Consular office in person to lodge the application – (appointment required, please book for “consular services”);
- Enclose copy of an Italian identity document;
- Enclose any supporting document that the applicant thinks appropriate.
- It will be initially required to pay for the stamp duty, subsequently two further stamp duty payments will be required with the progress of the application;
- Wait to be contacted by the Consulate General once the Prefect has reached a decision on the application.