Is it obligatory for our child to first bear the father’s surname?

Family Lawyer Jose Chuman, He recalled that the generally accepted rule was to enter the father’s surname and then the mother’s surname in order to register a minor or newborn before Renjek.

in sequence Family and justicethe specialist pointed out that in some cases only the mother’s surname was recorded because the whereabouts of the parent was unknown.

He noted that while it was by tradition or custom that the father’s surname was declared first, that did not mean that it was a uniform or imperative rule.

Chuman, He added that in the case of civil rights, it is important to state that the decision is made directly by the people, and in the absence of parental consent, the decision will be made by the judiciary.

“A tradition has developed that the father is always indicated as the declarant, and then the mother’s surname, even in the past only the father’s recognition, and not the mother’s, was valid,” the lawyer said.

However, he stated that a discrepancy arises when the mother says that the father did not take care of the son and wants him to bear only his surname, that is, the mother’s, but this constitutes a violation of the child’s right to a person, but for reasons of morality and decency, he who raised the child, in this case the mother, should bear the name of the child.

in sequence Family and justicereminded that constitutional Court found that in the absence of an agreement between the parents in this case, the decision is made by the judicial authority, taking into account the opinion of the son or daughter after an interview, and within five days it is resolved.

On the other hand, he explained that, in the event that a family name lends itself to bullying or bullying affecting a minor, there are procedural mechanisms for filing a name change claim, since there will be pretense in relation to certain psychological or emotional aspects. child.

“There are surnames that may be associated with something obscene or, in particular, with something that marks a catharsis and strikes a child. In these cases, a psychological report is presented to the judicial authority or the judge in family affairs, which shows that if this surname is retained there will be consequences.. In this sense, the judge can order a change of names,” he said.