Since 2000, newborn babies in Spain can be registered with the mother’s last name first if that is what both parents had decided, but in case of not expressly requesting it or if there was no agreement, the last name of the dad.
But now it will be different. On June 30, the reform of the Civil Registry enters into force, which establishes that when registering a newborn, the father’s last name will no longer have priority in the first place, but that both parents must agree on the order of surnames .
Mutual agreement
With the entry into force of the new law, the default option disappears and parents are obliged to expressly state the order of the surnames in the application for registration in the Civil Registry.
In this way, it is intended that there is equality between the father and the mother and that the surname of the children is not imposed by default, but is the result of the civilized agreement between their parents.
The General Directorate of Registries and Notaries of the Ministry of Justice foresees that in most cases there will be an agreement between the father and the mother in the order of the surnames, so it will not cause delays or greater workload.
It is trusted that most couples will agree on the best option depending on the particular situation of each family . The most common criteria for deciding which surname to put first are:
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That the way in which they combine surnames turns out to be bad sounding and it is decided to invert them.
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Prefer a more flashy or less frequent last name first .
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Give preference to the last name that you want to prevail : although now it would no longer make sense since you can always choose. But years ago, having a boy was the only way to guarantee the continuity of the surname.
If there is no agreement …
If the order is not recorded, or the parents disagree, after a period of three days it will be the person in charge of the Civil Registry who establishes said order taking into account the best interests of the minor, but not setting that of the father by default.
What may the person in charge of the Civil Registry take into account to choose the order of the surnames? It will be established in alphabetical order, by lottery or aesthetics, that is, it sounds best in combination with the name.
The same order for all children
It is important to know that the order that is decided for the first child will also prevail for the next ones. If you have more children, they should follow that same order .
However, when the children reach the age of majority they may decide to change the order of the surnames imposed by their parents. This can lead to siblings with a different order of surnames.
Although few people know it, the law also offers the possibility of changing names and surnames, in such a way that the use of the surnames of both parents can be established as the first compound surname in order to avoid the disappearance of a surname, as well as the change of surname when it is contrary to decorum or causes serious inconvenience.
Prevent the maternal surname from being lost
Spain is one of the few countries that retain the surnames of both parents , since in many others such as the United States or the United Kingdom, children carry only one of the two, generally the paternal surname, losing that of the mother.
Via | Europa Press
In Babies and more | More and more children carry their mother’s last name first. What you should know about changing the order of the baby’s surnames, Do you need to make a passport for your baby? The new regulation requires the express authorization of both parents
