What Surname to Use When Applying for Italian Citizenship by Marriage

Applying for Italian citizenship by marriage can be challenging, especially when faced with discrepancies between surnames on official documents. Understanding which surname to use is essential, particularly for individuals who have changed their surnames after marriage, a common practice in many countries.

To clarify how to proceed and what the key points are, we will consider Mary’s case as an example.

So, which surname should Mary use when applying for Italian citizenship by marriage, the one on her passport or the one on her birth certificate?

Table of Contents

• Change of Surname According to Italian Law

• What Document Prevails?

• When Applying for Italian Citizenship

• Avoiding Errors When Registering

• Adding a Married Surname to an Italian Passport

• Conclusion

Given the discrepancy between the surnames on these documents, Mary may be uncertain about which surname to use in her citizenship application. Intuitively, Mary might assume she should apply with her married surname since it appears on the document she currently uses, her passport, and is also the one she is identified with in her country.

However, if she applies with her married surname, her application for Italian citizenship is likely to be rejected. Why is this the case? What is wrong with using her legally recognized current surname?

It is because the regulations in Italy are strict and different from those in Mary's country.

Change of Surname According to Italian Law

Unlike the more flexible surname-change procedures in common law jurisdictions such as the United States, the United Kingdom, Canada (except Quebec), Australia, and New Zealand, Italy, as a civil law country, has stringent rules governing name and surname changes.

In fact, in the Italian legal system, changing one’s surname is allowed only in exceptional cases. For example, if a surname is deemed offensive or embarrassing, a legal name change might be permitted. However, such requests are typically subject to rigorous scrutiny and require compelling evidence of a valid reason.

Consequently, a change of surname due to marriage is not recognised under Italian law. This means that an Italian woman continues to use her maiden name as her legal surname.

What Document Prevails?

Since Italian law does not allow for a surname change due to marriage, the question arises: for a non-Italian citizen, when there is a discrepancy between the surname on the birth certificate and the passport, which document takes precedence?

The general rule is that, even after marriage, the surname to use on all official Italian documents is the one on the birth certificate. In fact, for Italian documents, including identity cards and passports, the surname on the birth certificate is the primary reference.

Therefore, the Italian authorities will prioritise the birth certificate over the passport when verifying an Italian citizenship applicant’s identity.

When Applying for Italian Citizenship

In light of the above, when applying for Italian citizenship, Mary needs to reconcile any discrepancies between the names on her birth certificate and her passport.

If possible, and if she is willing, she should consider updating her passport to match the surname on her birth certificate. This ensures consistency across official documents.

The same applies to her first name. The name on her birth certificate should be exactly reflected on her passport, including any additional names she might have. The same order should be followed too. For example, if her birth certificate identifies her as “Mary Jane” and her passport lists “Jane Mary”, this would need to be amended as well.

However, if changing her passport is not feasible, Mary should apply using the full name on her birth certificate and provide additional evidence to establish her identity. For instance, she might be required to provide criminal records that reflect all names (i.e. "formerly known as" or "alternative names", etc.) or produce a court order demonstrating that the person named on the birth certificate is the same person as the one named on the passport.

Spelling errors, missing middle name, middle name only indicated with just an initial and a full stop, are also considered discrepancies on official documents, whether Italian or foreign, which will likely require additional proof of identity.

Even if Mary thinks she has provided documents that definitively prove her identity, the Italian authorities may still request additional ones if they deem it necessary based on the circumstances of the case.

Avoiding Errors When Registering

Given the rules explained above, when registering on the online portal for her Italian citizenship application, it is crucial for Mary to enter her full name exactly as it appears on her birth certificate. As we have seen, using the surname from her passport would likely lead to a rejection.

Unfortunately, once submitted, any incorrect information cannot be changed. Therefore, Mary should meticulously double-check all details before proceeding.

If Mary initially entered her passport surname but has not yet submitted her application, she still has time to start the registration process again and use the surname from her birth certificate. However, she would need to use a different email address for the second attempt, as that is where all official communication from the Italian authorities will be sent.

Adding a Married Surname to an Italian Passport

After Mary acquires Italian citizenship, when she applies for her Italian passport, this will be issued in her maiden surname, not her married one.

However, she has the option to add her married surname to her passport. This can be done by requesting a notation on page 4, specifically under the section labeled "Cognome coniuge" (Spouse’s surname).

Conclusion

Even if your birth certificate and passport have different surnames, you can still proceed with your application for Italian citizenship by marriage. While it is ideal for these documents to have matching surnames, if they do not and everything else is in order, this is not technically an issue. However, it will likely require additional paperwork and administrative steps to verify your identity, making the process of obtaining Italian citizenship a bit longer. In any case, when you apply, generally speaking, you should use the surname present on your birth certificate.

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Disclaimer: This content is for informational and educational purposes only. It is not exhaustive, does not constitute legal advice, and does not establish or replace a lawyer-client relationship. The individuals named in examples are not real people but fictional characters used to help explain Italian law in a more practical way. We do not assume any responsibility for any direct, indirect, incidental, or consequential damages arising from the use or misuse of any content on this newsletter/website or the content of pages linked to or from it. If you need legal assistance for your specific case, you must hire a legal professional.