Paternal or maternal first: how will the change of surnames work in Chile recommend

01/11/2022

The measure is already in force in the country, being able to choose the order when registering their daughter or son, or can someone over 18 can do it.

After the publication in the Official Gazette, Chile has a regulation that allows the entry into force of the Law on Change in the order of surnames.

With the regulations, it will no longer be an obligation that the paternal last name is necessarily first than that of the mother, being able to be available to the parents.

The Civil Registry already has a section on its website where people can go to the regulations, specifying the modification they want to make.

Asimismo, existen tres tipos de formularios dependiendo si se trata de mayores de edad, hijos e hijas reconocidos por ambos progenitores o hijos e hijas reconocidos por un solo progenitor o progenitora.

Hernán Larraín, Minister of Justice, explained that to make the request, the Civil Registry must be requested and that the procedure has no cost.However, once the process is done, the reprint of the identity or passport card The person must cancel the amount corresponding to these documents.

How to do the process? Who can they do it? Can foreigners do it?Check the detail of the law below:

If a father or mother wants to change their last names and having children there are two options: if the son or daughter is under 14 years, they must continue with the modification regulating their parent.However, if he is between 14 and 18 years old, he will choose if he welcomes the new identity or maintains the order he had until then

The procedure has no cost, but if someone does, they must pay again the issuance of their identity and/or passport card, thus paying the respective costs

Can only be done once

If at the time a baby was born, the father and mother do not reach an agreement will prevail the paternal surname

If other common sons or daughters were born, the order that was determined with respect to the first

Foreigners can only request the change of the order of their surnames for the issuance or rectification of their Chilean documents

People who are prosecuted or formalized, or who have arrest or detention orders will not be able to make the change.Nor are those subject to other personal precautionary measures, or have been convicted of crime or simple crime that deserves afflictive penalty (three years and one day or more)

The change in order of surname does not modify the rout of each person

The rectification in the birth certificate will not affect the rights and patrimonial obligations that may correspond to the person prior to the registration of the change, including inheritance rights.Nor will it affect the obligations from the relations of family law

The use of surnames in the primitive order to exempt, prevent, hinder or avoid compliance with any obligation, will be sanctioned with the penalty of minor prison to its minimum degree (from 61 days to 540 days).