Change of the order of paternal and maternal surnames, what should you know?

Last year, and attending to data from the Ministry of Justice, 2,953 newborns were registered with the civil registry - previous petition - with the maternal last name in the first place.His parents changed what the Spanish tradition sends and what the legal framework imposes by default: that the father's last name prevails over the mother's.This preference has next expiration date: June 30 of this year.

What does the current law say?

Until this date, the Spanish surname imposition system assumes that a person has to take as the first last name the first of the father and as second the first of the mother.As explained by the Ministry of Justice, “this general rule changes when the father and mother, by mutfirst of the mother ».

Since when can that of the mother take first?

As of the year 2000, after a previous reform of the Criminal Code, it is allowed to register the descendants with the mother's last name in the first place.

If I want to change the last name before June 30, can I do it?

Yes, parents must send a request to the Civil Registry Judge with a declaration of mutual agreement on the change in order.This affects all the couple's children equally.

What if there is no consensus among the parents after the new June 30 reform?

By system, the paternal surname is the one that gives preference so far.This will change on June 30. From here, if the order is not recorded, or the parents disagree, after the three -day period will be the person in charge of the Civil Registry who establishes it according to the best interest of the minor, but not putting the father's default.

What would be the criterion to meet the interest of the child?

Civil Law experts suggest that some of the resources that the person in charge of the registration could attend, if there is no consensus, would be the alphabetical order, by raffle or aesthetics, that is, that it sounds better in combination with the name.

What requirements do you demand so far to change the last name?

1) That the last name requests is used and known, that is, it cannot be created intentionally;2) that belong to the interested party legitimately;3) And, finally, that the surnames that result from change do not belong to a single line, whether paternal or maternal.

Is there any case in which there are exceptions with these requirements?

Yes .He is exempt from all requirements if the applicant is subject to gender violence, having obtained some precautionary measure of judicial protection.Nor will the first requirement be required (which is known by the surname you request), if it is surnames that are contrary to the decorum or that cause serious inconveniences or when there is a risk of a Spanish surname disappearing, a risk that cannot be referred to or reduced byto the scope of a family, but to the Spanish general.

Can I change the order of surnames if I am of legal age?

Yes. Upon 18 years of age, an agreement between parents is no longer necessary.The interested person can decide to change the order of their last names according to the only and exclusive will of it.

I have brothers, do they affect them too?

No, the decision to change surnames is unilateral since 18 years onwards.This situation can lead to brothers with different order and surname.

Is there an option to change a compound surname?

Yes, the law already offers the possibility of changing names and surnames, so that the use of the surnames of both parents can be established as the first surname composed in order to avoid the disappearance of a Spanish surname, or so that it is notso common.It also provides for the possibility of changing the surname when it is contrary to the decorum or causes serious inconvenience.

If I regret, can I change it again?

Yes, the procedure can be done again requesting the change of order.