One last name or two? Maternal surname or paternal surname? Which first? Depending on where he or she is born, the laws of that country will establish the surname(s) that the boy or girl will bear and in what order .
There is an increasing trend towards equality and allowing children to have the right to bear both surnames, both the paternal and the maternal, and in the order that the parents decide. But the truth is that in practice the paternal surname continues to prevail.
We are going to review the use of surnames in the world .
In Spain, two surnames and in the order agreed
In Spain each person usually has two surnames derived from the family of his father and mother. In the Hispanic tradition we call each other with: first name (one or several) and two surnames: paternal and maternal, or maternal and paternal (as agreed).
Previously, the paternal surname was imposed first, and the mother’s second. But as of 2011, according to article 49 of Law 20/2011, of July 21, on the Civil Registry, it was established that parents decide by mutual agreement the order of their children’s surnames .
If they do not agree at the time of registration in the Civil Registry, the parents will have three more days to think about it. After that time, if there is still no agreement, it will be an official of the Civil Registry who “will agree on the order of the surnames according to the best interests of the minor”.
Once decided for the first child, all children must follow the same order. And if the person so wishes, when he reaches the age of majority, he may request that the order be altered.
Surnames in other European countries
Ten or twelve years ago, almost all of Europe used only the father’s surname to register children, but things have been changing so that there is equality and parents can choose freely.
- In Portugal , the Civil Code states that parents can decide whether their children will bear one or two surnames and in what order. It is common for the mother’s last name to be taken first, but the one that is transmitted to future generations is the second last name, the paternal one.
- In Italy , thanks to the fact that the imposition of the paternal surname has recently been declared unconstitutional and discriminatory, the default option disappears and the parents will be able to decide the order of the surnames that they agree on, except if they decide on their own to give them only one.
- In France , since 2005 parents can choose to put one or two surnames, and in the order they want. However, the custom has not changed much: more than 80 percent of the time the paternal surname is still used.
- In Russia , and other countries such as Bulgaria , the surname is formed by adding a suffix to the father’s name, varying depending on the gender of the son or daughter.
- In Sweden , both surnames are usually used, in the order that the parents choose, but if there is no agreement as to the order that the child will take, the baby is registered with only the mother’s surname.
- In the Netherlands , a single surname is used, that of the father or mother as decided, and the decision affects all children. In December 2021, a bill was introduced so that children can carry the surnames of both parents.
- In Germany , the married couple or couple can choose a common surname when making their union official at the Civil Registry. The spouses can choose one or two last names and in the order they want, and that is the last name that their children will carry.
- In Austria , children bear the family surname chosen by their parents at the time of marriage. It can be the man’s or the woman’s or both joined by a hyphen.
- In the United Kingdom , married couples usually adopt the man’s surname for both of them, and they also do so for their children, although there is flexibility.
- In Belgium , parents have the freedom of choice to assign the child the surname of the father, the mother or both, in the order that the parents decide.
- In Iceland , most Icelanders bear their father’s or mother’s given name, with the suffix son (son) or dottir (daughter).
The order of surnames in Latin America
The custom of children bearing two surnames, that of the father and that of the mother, is inherited from Spain where it has been done since the 19th century. The order that they will take varies according to the country, although in recent years almost all tend to the free choice of parents.
- In Argentina , traditionally only the paternal surname was used. But since 2017, parents will be able to agree on whether their children will have one or both surnames and in what order. If they do not agree, the matter is resolved by drawing lots at the Civil Registry. All the sons and daughters of the marriage must bear the same surname that has been decided for the first son or daughter.
- In Mexico , it is no longer mandatory that the paternal surname go before the maternal one. Parents can choose which order to place the last names in when registering their baby. Currently, only six of the 31 states establish that the first patronymic must be that of the man, while in the other 11 entities, including Mexico City, the order is not specified.
- In Colombia , thanks to a recent 2021 law, both mothers and fathers will be able to freely decide the order of their children’s surnames.
- In Uruguay , the possibility exists since May 9, 2013, but the tradition of the paternal surname prevails. Parents can choose to use one or both last names for their children and in any order they choose.
- In Venezuela, the first surname of the father and the mother form, in that order, the surnames of the children.
- In Chile , the law allows the father and mother to define the order of the surnames of their daughters and sons.
- In Peru , in February 2022, a bill was presented that modifies various articles of the Civil Code, so that parents can choose the order of their children’s surnames. If there is no agreement, the paternal surname will prevail.
- In Ecuador , the Organic Law of Identity Management and Civil Data (Logidac) says that the surnames will be the first of each of the parents and the paternal will precede the maternal. But it also states that parents can agree to a change in that order at the time of enrollment.
- In Bolivia , parents have the possibility to register their children with the last name they consider most convenient first.
- In Guatemala , the order of surnames is the father’s first and the mother’s second. It was recently announced that it could be done at the parents’ choice, but shortly after that decision was reversed.
- In the Dominican Republic , the Dominican Civil Code does not indicate a specific order, but by tradition the father’s surname is placed, followed by the mother’s.
- In El Salvador , children born of wedlock, as well as those recognized by the father, will bear his first surname, followed by the mother’s first surname.
- In Honduras , parents can register their children with the order of surnames that they agree on. In the absence of recognition by the father, the mother’s surname(s) will be registered.
- Panama was one of the first countries to establish it in its regulations, but less so in practice. The father and mother, by mutual agreement, can decide the order of transmission of the first surname, before registration.
- In Nicaragua , the order of the surnames is also established by mutual agreement between the parents. In the event that they do not agree, the first surname of the father will be the first surname of the registrant, and the second surname of the registrant will be the first surname of the mother.
- In Brazil , although there is no legal order in surnames, the custom is the other way around, as in Portugal: first the mother’s surname and then the father’s.
- In Cuba , children bear the father’s first surname and the mother’s second.
- In Costa Rica , article 49 of the Civil Code indicates that the first surname will be that of the father and the second that of the mother. A bill in favor of equality has been presented so that this changes and parents can have freedom of choice.
Surnames in other countries of the world
- In Japan, when a woman marries, she takes on her husband’s last name, and so do the children of the marriage.
- In China , the family name is written before the given name and most children carry the father’s family name, but more and more mothers insist on passing on family names to their children.
- Two surnames are not allowed in the United States . Parents can choose which surname to use, but the most common option is to keep the parent’s. One of the latest trends of parents is to merge their surnames to create a new one for their children, for example Sydney Skybetter’s parents are named Skylar and Ledbetter, so they created the surname “Skybetter” for their daughter. This happened in 1982, a pioneering case in the country.
- In Canada, children can carry one or both of their parents’ surnames (joined by hyphens).
