Change of surnames in a minor causes emotional and legal crisis

For specialists in Law and Psychology, Dulce Pérez Torres and Eder Velázquez Espinoza respectively, the change of last name to a minor without their consent would could cause emotional and safety issues; In addition, legally, parents cannot proceed to said process only for a divorce, since the rights of minors will always be privileged.

In an interview with MILENIO Puebla, Eder Vázquez Espinoza, a professor at the Faculty of Law of the Popular Autonomous University of the State of Puebla (Upaep), explained that first You must determine the type of process you want to undertake, that is, you must define whether it is a birth certificate ratification or an administrative clarification of the record. The cost of the first procedure amounts to 4 thousand pesos, while for the second it is an amount of 450 pesos.

The specialist explained that the ratification of the birth certificate is a complicated process that the family or civil judge does not accept only by request, since it must be understood that changing the last name “is changing the essence of a person ”.

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In this sense, he insisted that neither of the spouses can determine by sole decision the name change of a child “just because they got angry”, since that the rights of minors will always be privileged.

“A minor's last name cannot be changed just because 'I divorced my partner', or because 'I separated from my spouse', or because I was 'widowed', since the identity of the minor is first protected minor. Therefore, dads do not have the right to change their children's last name out of simple displeasure,” she said.

In addition, it indicated that if this process is carried out when the child reaches the age of majority, he or she can decide if they do not want to have any of the last names. However, when they want to change the last name to a spelling error, the procedure is for administrative clarification of the birth certificate, which is requested from the General Directorate of Civil Registry and states that "my last name has an error in one letter, or in one date".

“When it is an error due to spelling, the civil judge corrects it, since one explains that the public and personal data have an error, or when the first name and the legal name are different, the lawsuit is filed with the judge familiar and is modified”; He added that this process took three months, but given the pandemic generated by covid-19, it takes six to eight months.

Changing your last name does not serve to receive financial support

In the same way, Velázquez Espinoza clarified that in the case of a divorce and one of the parents has a new partner, it is not necessary to change the last name for the minor to receive any support from of the stepfather or stepmother, since only a judgment of economic dependence is carried out.

“If you do not receive support and your new partner wants to give you (the minor) certainty, it is not necessary to change the last name, because the minor has the right to know who his biological father is. There are international treaties that limit it, what proceeds is an economic dependency trial, demonstrating to the judge that the minor is financially dependent on him and with this he can register him with the IMSS, Issstep”, said the Upaep Law specialist. .

Likewise, in the case of women who want to remove their son's last name, he indicated that this type of procedure is not advancing, as he explained “that the state has not been clear in this regard. The formats of the birth certificates that establish certain requirements such as paternal grandparents, maternal grandparents, witnesses would have to be changed, and changing the birth certificate format would be complicated. The right of the minor is to know his father, the right belongs to the minor”.

He explained that the cost of the birth certificate ratification process ranges from four thousand pesos on average, however, in the Upaep Law Firm these processes are carried out free of charge.

Insecurity, a consequence of changing the last name

For her part, Dulce María Pérez Torres, a psychologist and sociologist at Upaep's Faculty of Psychology, indicated that if divorce occurs in a traditional family, it is not feasible for anger to cause a procedure for one of the children to lose the last name of one of their parents, as this can cause insecurity and a state of emotional absence.

The specialist commented that the minor could be confused if they only have the last name of one of their parents, “because they would think 'it's my sister or brother and my grandpa is my dad'; that will only generate uncertainty and a capacity for abandonment.”

Likewise, the psychologist explained that "if the minor's last name is taken without their consent, they already have the ability to abandon themselves, and when they reach adolescence the reasons why will come."

In the case of those minors whose parents gave them the names of artists or cartoons, they are currently victims of bullying by their peers, for which the doctor urged the parents of family to raise awareness and give him a name that does not cause conflict in the minor.

On this, the psychologist pointed out that the child's name is his identity, so "names of superheroes, artists or comics are not ideal for a boy or girl, since the consequences will be seen in the short and long term ”.

Requirements for a resolution

To initiate a resolution process, it must be presented in the name of the holder with a valid official identification with photograph (original and copy); In addition, the immediate family member (mother, father, brother, son, and/or spouse) must show a document that proves affinity with the owner. Meanwhile, the lawyer in the case must present a simple power of attorney with the signature of the person granting and accepting the power of attorney, as well as two witnesses, attaching a copy of the official identification of all the parties involved.

However, when the birth certificate requires correction of errors, errors or typographical, spelling, numerical and accidental defects that are found in the certificates, a true copy of the certified book of the birth certificate will be requested; True copy of the certified book of the previous and subsequent minutes; Valid official identification with photograph and CURP.

Mother's last name may be placed first

In 2018, the local Congress approved that mothers from Puebla put their last name first when registering their children, after article 64 of the Civil Code was amended, which states that “ the proper name will be given freely by whoever declares the birth of a person and the surnames will be that of the father and the mother, in the order determined by mutual agreement, or where appropriate, only those of the former or the latter , whether such surnames are simple or compound. If there is no agreement between the parents, the order of the surnames will be determined in alphabetical order of the same”.

It should be remembered that in 2019, the Supreme Court of Justice of the Nation (SCJN) determined that minors have the right to express an opinion regarding the order of surnames, in order to guarantee that they do not violates the right of identity. Likewise, the country's highest court of justice determined that if the child used her mother's surname in different areas of her life, the measure is valid to determine that the name change.

The SCJN indicated that the practice of putting the paternal surname before the father's name violates the right to equality, "because it implies reiterating the conception of women as secondary members of a family headed by men."

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