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An Italian court has ruled that newborns should not automatically receive their father’s surname

The tradition in Italy of giving their father’s last name has been overturned by the court. The country’s constitutional court ruled on Wednesday that both parents should be able to choose their baby’s last name.

The current practice of using the father’s last name is “discriminatory and detrimental to the child’s identity,” according to a court statement, according to Reuters. The court said the children should be given the surnames of both parents – in whatever order the parents decide – unless the parents agree to use only one.

The Italian government will have to create and approve new legislation to enforce the court’s ruling, according to Reuters.

In the United States, each state has its own rules about birth names. Many states require two first names – first and last name – and some states require that when parents are married at the time of their child’s birth, the father’s last name is used according to usbirthcertificates.com, which summarizes information on state birth certificates. In Mississippi, the child automatically adopts the father’s surname when the parents are married, but another name may be requested.

Meanwhile, other states allow the child to take the mother’s maiden name, as long as both parents agree, according to usbirthcertificates.com.

Italy’s Minister of Family and Equal Opportunities Elena Bonetti wrote on Facebook about the legislation, saying the government would fully support the court’s decision.

“Today we turn the picture around: we recognize the same dignity and the same responsibility, even parental, of both parents,” Bonetti wrote. “There is a clear and solid indication that reaffirms that the choice of our constitution is the choice of a democracy that can only be said to be achieved in the face of full gender equality.”

Italian lawmaker Cecilia D’Elia wrote the decision on Twitter, saying mothers would receive the same “dignity as a father, a sign of civilization”.

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Caitlin O’Kane

Caitlin O’Kane is a digital content producer covering current stories for CBS News and its good news brand, The Uplift.