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The decision to change the order of surnames is a precedent in our country, emphasizes the family lawyer

Lawyer Fernandez explains the case that sparked expectations | Font: PTR

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Family Lawyer Lorraine Fernandez He argued that in our country there is a precedent when a mother and her son asked to change the order of their surnames, that is, that the mother’s surname should come before the father’s surname.

in sequence Family and justice, stated that this ruling would remain a binding precedent, specifying the removal and order of surnames. In this sense, he noted that in this verdict, the judge tries to justify maternal labor by weighing her surname before that of her father, since this shows that the father was absent from the life of a minor.

The specialist pointed out that this proposal is like a summary of the whole process and describes the explanatory and operative parts, but, first of all, it was quickly determined in less than a year.

He also explained that our Civil Code it does not specify which surname should come first, there is no order of precedence, however the law is based on a common source; therefore, the paternal surname was always used first, and then the maternal.

Dr. Fernandez stressed that a new birth certificate and a new identity document will be created for this minor in accordance with the ruling Power of attorney.

in sequence family and justice He clarified that this is a possible process in the courts for anyone who believes that their right has been violated and wants to achieve justice.

He noted that if someone wishes to carry out this procedure, he can apply to any lawyer, both professional and private, to begin this process, which is called name suppression.

He recalled that in all cases under the jurisdiction of the Family Court, the judge in various cases interviews minors from the age of 5 in order to obtain first-hand information.

It should be remembered that the 18th Lima Superior Court Family Court, which has jurisdiction over Maria Cecilia Guevara Acuña, ordered Renjek to change the order of the minors’ surnames before maternal and then paternal, in a lawsuit filed by Maria Isabel Melisa Shimato Heredia in favor of his son.

Source: RPP

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