In 2017, in Spain, the father’s surname ceased to prevail over that of the mother after the reform of the Civil Registry. From that moment, the parents must agree on the order of the surnames when registering a newborn child, although if this does not happen, and after a period of three days, it will be the person in charge of the Civil Registry who Establish said order in the best interest of the minor, but not by setting that of the father by default.
In fact, today there has been a ruling that was pending and that has reaffirmed the discrimination argument under which the law was changed.
This case in question occurred prior to its entry into force. The minor was born in 2005, after, according to the applicant, much insistence on the part of the father that the pregnancy be terminated. For that reason, he cut off all relationship with him, and registered the girl with her surnames . A year later, the father filed a paternity claim, after which the Spanish justice ordered that the girl bear the father’s surname first and then that of the mother.
In the development of the case, the State’s legal profession argued that there was no discrimination, since the minor could change her last name once she reached the age of majority. However, the Strasbourg Court has ruled in favor of the mother , forcing the government of Spain to pay the plaintiff 10,000 euros for non-pecuniary damage and 23,853.22 euros for costs and expenses, further stating that there is no justification for receiving a difference in treatment based on sex.
In the ruling, the Court stressed that the context in which the events occurred has changed, thanks to the reforms that have been carried out and “whose measures have been aimed at equality between men and women.”
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