Law 26 Novembbre 2015 173 - Mode Paritaria Of Name Of Transmission

Original Language Title: Legge 26 Novembbre 2015 N.173 - Modalit Paritaria Di Trasmissione Del Cognome

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SAN MARINO We the Captains Regent of the Most Serene Republic of San Marino Having regard to Article 4 of the Constitutional Law no.185 / 2005 and Article 6 of Qualified Law n.186 / 2005; We promulgate and publish the following ordinary law approved by the Great and General Council at its meeting on November 23, 2015: LAW November 26, 2015 173 METHOD 'PARITARIA TRANSMISSION OF LAST NAME Art.1 (Surname of the child born to unmarried parents) 1. the child born to unmarried parents take their father's surname, or in case of a joint request of the parents, made at the time of the declaration of birth or other formalities identified by appropriate regulations of the State Congress to be issued within ninety days of the entry into force of this law, the only mother's surname or last name of both parents in the order given by them. 2. The regulation referred to in paragraph 1 are also defined the formalities and provisions related cases of names made up of several elements and already attributed to the entry into force of this Act. Art.2 (Surname of the child born to unmarried parents) 1. The child born to unmarried parents assumes the surname of the parent who first recognized it. 2. In the case of joint recognition took place at the declaration of birth or when it approves next intervening six months after birth, the provisions of Article 1. 3. In the event of subsequent recognition to intervene more than six months after birth if parents wish to change the surname of the child exercising the choice as provided for in Article 1, the Officer of the Civil State shall transmit the request to the Law Commissioner, who, evaluated the interest of the child, it gives the measure within the voluntary jurisdiction. Art. 3 (Family First) 1. The name that is chosen for the first child is given by the Registrar of Civil Status Office to other children born to the same parents. Art. 4 (the last transmission) 1. The name can not consist of more than two elements. 2. The child to whom at the time of declaration of birth or subsequent changes, both names of parents, transmit to their children only one element of their surname or both elements have been attributed if the other parent does not consider to transmit any of their own. If both parents want to convey to the child his surname, subject to the limits referred to in paragraph 1, determine which member transmitting and order due to the same. 3. In the absence of a joint declaration of the parents, made under Article 1 at the time of the declaration of birth, the Registrar of Civil Status form the birth certificate with the attribution of the first element of the father's surname and the first element of the mother's. Art. 5 (Applicability to adopted children) 1. The provisions set out in Article 1 are likewise applied in respect of the children adopted under legitimizing adoption. Art. 6 (Transitional rule, entry into force, repeals) 1. This law comes into force on the fifth day following that of its legal publication, however, the application of the provisions hereof will have from one hundred and twentieth day following the ' entry into force itself and against the new born after that date. 2. For all cases not covered by this law regarding requests for change, modify, add surname, apply the provisions of the Acts 12 August 1946 43 and 26 January 2006 n.17. The Law Commissioner, before which it is established voluntary jurisdiction procedure, decides on requests referred to in this paragraph, taking into account the interest of the child, the new standards introduced by this law on equal allocation to the children of the mother's surname and interest in the unity of the family name. 3. In exceptional cases and for a period of one year from the date of application of this Act, an application for adding the surname of the mother towards the child already born children can be directly presented the registrar that provides forwarding to Law Commissioner for the decision in accordance with the contents of the upper paragraph 2. This right is also recognized to children of unmarried partners who have not over the age of twenty-five. 4. Since the entry into force of this Act are repealed all provisions contrary to it. Our Residence, this day of 26 November 2015/1715 THE CAPTAINS REGENT Lorella Stefanelli - Nicola Renzi THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Gian Carlo Venturini