In most Spanish-speaking countries, each person usually has two surnames derived from the family of his father and mother, in this order (paternal and maternal surnames, respectively). So in the Hispanic tradition we call ourselves with: first name (one or several), paternal surname and maternal surname.
In our environment the first name of a person is the first name of his father, the second last name is the first name of his mother. But not everyone knows that in Spain the prevalence of the paternal surname over the maternal in newborns has ended: parents can change the order of surnames by mutual agreement and more and more children carry their mother's last name first.
What the Law says
According to article 49 of Law 20/2011, of July 21, of the Civil Registry,
The birth registration will include the identity data of the newborn consisting of the name that is imposed on him and the surnames that correspond to him according to his affiliation (...) The filiation determines the surnames. If the affiliation is determined by both lines, the parents will agree on the order of transmission of their respective first name, before registration.
In case of disagreement or when the surnames have not been recorded in the application for registration, the Civil Registry Officer will require the parents, or those who have legal representation of the minor, so that within a maximum period of three days they communicate the order Surname After this period has elapsed without express communication, the Person in Charge will agree on the order of the last names according to the best interests of the minor.
When the father and mother, by mutual agreement, so decide, can reverse the order of your child's last name before the registration of your child's birth, so that he enrolls with the first of the mother, as first, and with the first of the father, as second.
Of course, if you decide, the order agreed for the elder will govern the enrollment of the following children of the same parents. On the other hand, the son when reaching the age of majority can also request that the order of his last names be altered.
If one of the two parents does not agree, before by law the father's should first appear, but since 2011, if the parents do not agree in 3 days, the Civil Registry official decides.
One of the possibilities that is considered, if there is no agreement between the parents, is to impose the surnames in alphabetical order, but according to Patricia López Peláez, senior professor of Civil Law of the Uned, "It may cause, in a few years, the last names of the first part of the alphabet end up prevailing." But it is true that an objective criterion has been sought not to discriminate against or favor any of the members of the couple ", Explain.
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 found that couples do it by:
The combination of last names does not sound good in the established order, or when combined with the name chosen for the baby.
Because the mother wants her father's name 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.
Prefer a more striking or less used surname to a commonly used surname.
The couple decides, for whatever reason, to give preference to the mother's last name.
Cases in which the order of last names has been changed
Many couples They are unaware of the possibility of investing their children's last names, and many others don't even think about it. We have spoken with five women, four mothers and one who is not yet, who have had it in mind.
Celia Almorox, journalist and mother of two children, aged 11 and 9, decided to reverse the order of surnames at the birth of her first child "to keep the family name". In your case, "For my father's family we are five grandchildren, but I was the first to get pregnant, so the only way to perpetuate the last name was for my children to take him. 11 years after my first child was born, still none of the others four grandchildren have had family, but a new generation takes it. "
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 last name. He is surnamed Cabrera and his father had 10 brothers, he knew that Cabrera is not in danger of extinction , especially in the Canary Islands, where he comes from ", specifies Celia.
Her family was given 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 great-grandchildren anywhere (I am the third of five grandchildren) and did not know if the last name was going to reach a new generation", says Celia.
Another example is that of Isabel Robles, who learned that this could be done because a friend had done it with her son. With her husband they decided to change the order of surnames because his "It is much more common than mine, mine is more beautiful and was already lost in the family if I did not put it first"explains Isabel.
Although the father at first was not very funny, he says that "When our first child was born, after 9 months vomiting, without sleeping, labor pains ... he told me to put what I wanted. A great act of generosity on his part".
The paternal family, however, did not seem right. "Neither the paternal grandparents nor my husband's brothers liked it either".
Getting out of the general rule 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 based on the child's name. They call me Mrs. ... and they give me my last name husband being the second of the child and my husband is called Mr and they put my last name to be the first of the child ".
"There are also people who, not knowing it and seeing that they have my last name, first think that my husband is not the father. Anyway, I am very angry because of the ignorance of the people, but I am very happy to have done it"concludes Isabel.
Yolanda Hornado Galván, mother of a girl and graduated in Law, has also told us her experience: "In my family we are only 3 sisters, no boy. And so that my last name is not lost (it is a pretty unusual last name: Honored) I decided to put my daughter my last name first. Also, the father's last name did not like (Fullana) , so he stayed second middle 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 last names of his two daughters "Because we are two sisters and the last name Ortiz was lost, while the father is three brothers and was likely to continue. My father-in-law took it badly, because of the tradition I suppose".
For its part, Laura Ruiz-Ocaña, 28, still has no children but has raised it for the future. He tells us that it is a frequent conversation with his partner, whose name is Pérez and "It does not matter to change the order of surnames because yours is very common". Instead she has a compound last name that is very scarce, and it seems "A bit unfair that being a girl I can't give my last name in the first place".
How to change the order of the baby's last names: the procedures
A special procedure is not required, rather than stating that you want to reverse the order of the newborn's last names when filling out the official form at the time of birth registration. Both parents must go. Nothing more needs to be done as it is a new registration. All they remind you is that, if you have more children, they should follow that same order.
In the event that the interested party has reached the age of majority, he / she must do so (in person or by mail) through a request before the Civil Registry of the domicile of the applicant.
Frequently asked questions:
- If the father or mother change the order of the surnames, what happens to that of the children?
The children will maintain the order of the last names with which they were registered in the Civil Registry at birth. If you want your child to have your second last name, you will have to invest your last name before it is born. Once you are born and registered in the civil registry, you will always have the first name of the father and mother, in whatever order.
- Is it possible to change the order of surnames 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 it, you must complete an application (in person or by mail) addressed to the corresponding Civil Registry Judge providing certification of the marriage of the parents and if it does not exist, birth certification of these together with a declaration of the mutual agreement of the parents on the inversion of the order of the last names of the child.
If the change of order is requested by the adult child, he must provide, together with the request, the certificate of the registration of his birth.
- If I regret, can I return the order of last names?
Yes, you can do the procedure again requesting the change of order.
- Do you have to provide any document that argues for the change of order?
No. Just state that you want to change the order of your child's last name. Persons born after February 2000 may not reverse the order of surnames until they reach the age of majority, since as of that date the possibility of registering sons or daughters with the mother's surname entered into force first and the father's second.
