The Queretana entity is one of the four that does not allow in its civil code the free choice of the order of the surnames, said Ofir Aragón Nievepresenting an amparo.
In a telephone interview, the litigant recalled that a few days ago the first case was recorded in the entity of a minor who was registered with the maternal last name as the first option;However, he indicated that this was possible thanks to an amparo presented in May of this year.
“Querétaro does not have a secondary legislation or, in this case, the Civil Code does not contemplate the first name of the mother, because our code is not yet (what) contemplates.We are even one of the entities with three more that does not contemplate the figure, in any case, if this creates a precedent and I think it is something important, ”he said.
After this fact, he considered it important that legislators work on the modification of the corresponding regulations to give this possibility to the entity's families who wish to register their sons or daughters with the maternal last name in the first place.
And it made it clear that currently the legislation does not allow this to happen, so it insisted on the need to work on this issue that legally and socially "would be conducive."
“That precedent was from May 10 that a resolution of an amparo comes out, what the authority of the surname does is through a subject called amparo trial.By a guarantee of gender equity they obtain a resolution that allows them to exercise the right to choose which last name is first, if that of the father or mother, ”he said.