According to the new Family Procedural Code, how do you proceed to change the name?

Modify the name or last name, prioritizing the value of identity, is a right recognized especially by the Nation Civil and Commercial Code since 2015. The new Family Procedural Code of Río Negro, which will enter into force next March, further reinforces that right, assigning to change of name a fast and simple judicial procedure in all family courts of the province.

Between December 2018 and December 2019, more than 80 people reached the final instance of their process of name and/or surname before the Family Courts of Río Negro, according to the edict database published by theJudicial Branch on its website.

Bariloche's family judge, Marcela Trillini explains that "having a name and surname is a right and duty for every person.""The reform expands the right to change the name or surname prioritizing the value of identity," she adds.

Who requests his change of name and/or surname must have "fair reasons", which will be evaluated by the Judge or Family Judge.The law provides some examples about what are "fair reasons", such as "the cultural, ethnic or religious roots of the person" and the "personality involvement" that, for any reason, generates that person the use of theiroriginal name.

New Family Code: What will the name change process be

Anyone can demand the change of their name and/or surname explaining the judge for their "righteous reasons."

If it is a child or adolescents, the request can make it themselves, if they already have sufficient maturity, or their legal representatives can do it."From the age of 16, the adolescent is considered as an adult for the decisions that are attributed to her name, being able to process the modification without intervention of her parent and parent," says the new River Family Procedural CodeBlack.

Once the procedure is initiated, in the case of adults, edicts are published on the website of the Judiciary for two months so that any other interested person can formulate their opposition to change.This opposition must be founded and evidence that justifies it must be presented.

The process is fast: it is 20 days to produce all the necessary evidence, then there is a view to the Public Prosecutor's Office, to the Civil Registry and eventually the public defense and finally, within 10 days, the judge or judge resolves thepetition without further processing.

In case of making the name change, it directly orders its registration in the Civil Registry, with the corresponding rectification of all the necessary titles and seats that are necessary.

Real cases

In Family Court No. 11 of Roca, a young man managed to change his first name and suppress his paternal surname, replacing him with his mother.

When he was just a year, his father murdered his mother.The child was raised by his maternal grandparents, without contact with his parent - who was sentenced to perpetual prison - or his paternal family.However, the child was named as his pseudonym and also had his last name.

Before the judge explained that "pronouncing and carrying the paternal last name generates a deep pain, which does not feel identified with him."

In her ruling, the magistrate valued that the extreme violence exerted by her father "impacted fully on her own personal construction, directly affecting her identity about not feeling any binding element with her father family, but very much on the contrary, generating feelingsof pain, rejection and emotional discomfort. ”She also considered that the recognition of the name sought by the young man would have a favorable incidence "in her social, cultural environment and in her psychic health."

In another ruling, the head of the Family Court No. 11 of Roca recognized a woman the name she used from childhood and ordered her incorporation, first, in the birth certificate.

The woman proved that since the age of 5 she is known by the name of P., which is not registered in her birth certificate or in her documents.He argued that this situation is "very confusing and distressing for her daily proceeding", since he must use his official name for certain procedures, but in the rest of his life -related life, friendships, workplace, etc., he develops with the nameD.E.P.

During the judicial process the edicts were published, the Civil Registry was given and the Prosecutor's Office was intervention, without objections, so the pseudonym was incorporated into the name and the new identity was notified to all the corresponding public bodies.

In another case, the head of the Family Court of Luis Beltrán authorized a young man to change his second name and his last name, for some that "do represent his identity."The young man was born in 1996 and was noted with his mother's last name.As a second name they assigned him the name of his father.Years later, after a judicial claim, the boy was recognized by his biological father and his last name was replaced by his paternal in the birth certificate.However, the man never participated in his life in any aspect, so the young man finally asked to recover the maternal last name and replace the second name of him.The judge authorized it, stating that recognizing the young man the desired name was "an act of justice in her life", because "it implies recognizing him as a person, to recognize that his story is linked to the only thing that identifies him as a different being to others: your name".(Río Negro Judicial Power)