El derecho a usar el nombre de la madre en primer lugar: estado de la cuestión en el derecho español

Abstract

Based on a brief analysis of the Italian Constitutional Court decision 131/2022, of April 27, this paper aims to explain the Spanish civil law reforms that have been carried out to eliminate discrimination against women in determining the order of children's surnames. It is shown that the abandonment of the rule of precedence of the paternal surname has occurred not only because of the application of the principle of equality between parents, but also because of the consideration of the minor’s best interest principle as a criterion to determine the order when parents do not agree before registration.