In most Spanish-speaking countries, each person usually has two surnames derived from the family of their father and mother, in this order (paternal and maternal surnames, respectively). So in the Hispanic tradition we call ourselves with: first name (one or more), paternal surname and maternal surname.
In our environment the first surname of a person is the first surname of his father, the second surname is the first surname of his mother. But not everyone knows that in Spain the prevalence of the paternal surname over the maternal one in newborns has ended: parents can change the order of the surnames by mutual agreement and more and more children carry their mother’s surname first .
What the law says
According to article 49 of Law 20/2011, of July 21, on the Civil Registry,
The birth registration will contain the identity data of the born, consisting of the name that is imposed and the surnames that correspond according to their affiliation (…) The affiliation determines the surnames. If parentage is determined by both lines, the parents will agree on the order of transmission of their respective first surname, before registration.
In the event of disagreement or when the surnames have not been recorded in the registration application, the Civil Registry Manager will require the parents, or those who hold the legal representation of the minor, to communicate the order within a maximum period of three days. of surnames. After this period has elapsed without express communication, the Person in Charge will agree on the order of the surnames according to the best interests of the minor.
When the father and mother, by mutual agreement, so decide, they can reverse the order of the surnames of their child before the registration of the birth of their child , so that it is registered with the mother’s first, as first, and with the first of the father, as second.
Of course, if you decide, the order agreed for the oldest will govern the registrations of the following children of the same parents. For its part, the child upon reaching the age of majority may also request that the order of their surnames be altered.
If one of the two parents does not agree, before by law the father’s had to appear first, but since 2011, if the parents do not agree within 3 days, the Civil Registry official decides.
One of the possibilities being considered, if there is no agreement between the parents, is to impose the surnames in alphabetical order, but according to Patricia López Peláez, professor of Civil Law at Uned, “it may cause that, in a few years, the surnames of the first part of the alphabet end up prevailing. “But it is true that an objective criterion has been sought so as not to discriminate or favor any of the members of the couple,” he explains.
Why couples choose to change the order of their children’s last names
It is a very personal decision that must be agreed within the couple, but among the most common reasons we find that couples do it for:
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The combination of surnames does not sound good in the established order, or when combined with the name chosen for the baby.
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Because the mother wants her paternal surname to prevail in the first order. It should not be forgotten that until the alteration of the order of surnames was allowed, having a male was the only way to guarantee the continuity and survival of the surname.
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Prefer a more striking or less used last name to a commonly used last name.
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The couple decides, for whatever reason, to give preference to the mother’s last name.
Cases in which the order of surnames has been changed
Many couples are unaware of the possibility of reversing their children’s last names, and many others do not even consider it . We have spoken with five women, four mothers and one who is not yet, who have had it in mind.
Celia Almorox , a journalist and mother of two boys, aged 11 and 9, decided to reverse the order of the surnames when her first child was born “to maintain the family surname .” In her case, “because of my father’s family we are five grandchildren, but I was the first to get pregnant, so the only way to perpetuate the surname was for my children to carry it. 11 years after my first child was born, I still none of the other four grandchildren have had a family, but a new generation does. “
Her husband accepted it very well. “He was aware that my family is very small and that for us, especially for my paternal grandmother, it was very important to perpetuate the surname. His last name is Cabrera and his father had 10 siblings, he knew that Cabrera is not in danger of extinction , especially in the Canary Islands, where he comes from “ , specifies Celia.
They gave her family great joy. Especially to his grandmother, “and that was not his last name, but that of my grandfather, who saw that it did not reach the great-grandchildren anywhere (I am the third of five grandchildren) and I did not know if the last name was going to reach to a new generation, “ says Celia.
Another example is that of Isabel Robles , who found out that this could be done because a friend had done it with her son. With her husband they decided to change the order of the surnames because his “is much more common than mine, mine is prettier and it would be lost in the family if I did not put it first,” explains Isabel.
Although the father was not very amused at first, he says that “when our first child was born, after 9 months vomiting, without sleeping, labor pains … he told me to put whatever I wanted. A great act of generosity for your part . “
The paternal family, however, did not like it. “Neither the paternal grandparents nor my husband’s brothers didn’t like it either .”
Leaving the general norm has its drawbacks. “The fact that most people do not know it is the big problem because for example in schools or doctors when they have to notify us of something based on the child’s name. They call me Mrs. … and they give me my last name of my husband to be the second of the child and to my husband they call him Sr and they put my last name to him to be the first of the child “ .
“There are also people who, not knowing it and seeing that they have my last name, the first, they believe that my husband is not the father. Anyway, it makes me very angry because of the ignorance of people, but I am very happy to have done it” , concludes Isabel.
Yolanda Hornado Galván , mother of a girl and a law graduate, also told us about her experience: “In my family there are only 3 sisters, no boy. And so that my last name is not lost (it is an unusual beautiful last name: Honrado) I decided to give my daughter my last name first. Also, the father’s last name was not liked (Fullana), so she stayed as a second last name . ” The father did not care and the maternal grandparents, delighted.
Another case is that of Pilar Ortiz , who decided to reverse the order of the surnames of her two daughters “because we are two sisters and the Ortiz surname was lost, while the father is three brothers and it was likely that it would continue. My father-in-law told him. He took it wrong, because of the tradition I suppose . “
For her part, Laura Ruiz-Ocaña , 28, still does not have children but she has considered it for the future. He tells us that it is a frequent conversation with his partner, that his last name is Pérez and “he does not care to change the order of the surnames because his is very common .” On the other hand, she has a compound surname that is very rare, and it seems to her “a bit unfair that because I am a girl I cannot give my surname in the first place .”
How to change the order of the baby’s last names: the procedures
No special procedure is required, rather than stating that you want to reverse the order of the newborn’s surnames when completing the official form at the time the birth registration is to be carried out . Both parents must go. You do not have to do anything else when it comes to a new registration. The only thing they remind you is that if you have more children, they must follow that same order.
In the event that the interested party has reached the age of majority, they must do so (in person or by mail) through an application to the Civil Registry of the applicant’s domicile.
Most frequent doubts:
- If the father or mother change the order of the surnames, what happens to the order of the children?
The children will maintain the order of the surnames with which they were registered in the Civil Registry at birth. If you want your child to carry your second last name, you will have to reverse your last names before they are born. Once he is born and you have registered him in the civil registry, he will always bear the first surname of the father and mother, in whatever order.
- Can the order of surnames be changed after birth registration?
Yes. If at the time of registering your baby you have not done so and later decide that you want to do so, you must fill out an application (in person or by mail) addressed to the corresponding Judge in Charge of the Civil Registry providing certification of the marriage of the parents and if it does not exist, their birth certificate together with a declaration of the mutual agreement of the parents on the reversal of the order of the child’s surnames.
If the change of order is requested, the child of legal age must provide, together with the request, the certificate of the registration of his birth.
- If I regret it, can I return to the order of the previous surnames?
Yes, you can redo the procedure by requesting a change of order again.
- Should a document be provided that argues for the change of order?
No. Just state that you want to change the order of your child’s surnames. People born after February 2000 will not be able to reverse the order of the surnames until they reach the age of majority, since from that date the possibility of registering their sons or daughters with the mother’s surname came into effect. first and the father’s second.
More information | Ministry of Justice
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