Right to identity: suppression of the last name by paternal abandonment |Diario de Cuyo - News from San Juan, Argentina and El Mundo

The term identity can express both what characterizes, specifies and singles an individual in the most intimate of this, as well as their relationship of closeness and belonging to certain realities.It is both its own and relational category.

The right to personal identity of children and young people is defined as “… an attribute of the human person, absolute, personal and imprescriptible human right, object of national and international protection.This is “the subjective right to personal truth, understanding the right to truth of origin and individual prerogative to the exact representation of the singular social projection.In short, it is the right to respect yourself.

While we have in our legislation as a general rule the "principle of immutability of the name", in order to strengthen legal certainty, the unequivocal identification of people is essential.But there are cases such as the one in which we request modification of the last name or name, and when this change nobody harms, and on the contrary it becomes a good for the person, the refusal to the request for modification does not fit.

In the cars “R.V., M. A. against R., H. M. By change of name ”, the Court of First Civil Instance of Persons and Family No. 1 of Salta, in charge of Judge Inés Villa Nogués, ordered the suppression of the paternal surname of a young man who invokedas a causal the abandonment made by its parent.

The young man had his father's last name, who recognized him at the time of birth.However, he said that "since his childhood he has felt the empty of his indifference, having had to perform psychological treatment in order to appease the anguish that generated his abandonment."

The boy said he was raised with the "effort made by his mother and maternal family, without receiving any affective and economic help from the paternal family."Given all this, he said that "it is not fair to carry a surname for the rest of his life that does not identify him" and that "it only causes bad feelings."

Judge Villa Nougués considered the “fair motives” accredited, required by law for the origin of the change of surname, so he ordered that, once the sentence was consented, the General Directorate of the Registry of Civil Status and Capacity was free and capacityof the province to proceed to perform the suppression in the birth certificate, notifying the other agencies.

Having acquired his age and evaluating all the damage that has caused the abandonment behavior of his parent throughout his childhood, he concludes that it is not fair to carry a surname for the rest of his life that does not identify him and thatIt only causes bad feelings, since such a situation has penetrated in the depths of his being, resulting in serious personality disorders that prevent him from identifying with the last name.

Article 69 of the Civil and Commercial Code establishes that the “change of prename or surname only proceeds whether there are fair reasons at the discretion of the judge.It is considered just reason, according to the particularities of the case, among others (…) the affectation of the personality of the interested person, whatever its cause, provided that it is accredited ”.- As stated in the case, the young man ratifiedHis desires to suppress his biological father's last name, since "he never had treatment" and does not feel "identified" with it.

Law No. 26,994 that approves the Civil and Commercial Code of the Argentine Republic, sanctioned on October 1, 2.014 and promulgated on October 7, 2.014, in its art.3 inc.A, has repealed Law 18,248 (Law of the Name).The mentioned code contemplates in articles 62 to 72, referring to the name of the people.

The last name is the common designation to all family members.The art.69 of the C.C.and C. de la Nación establishes: “The change of prename or surname only proceeds whether there are fair reasons at the discretion of the judge.It is considered just reason, according to the particularities of the case, among others, to: ... c) the affectation of the personality of the interested person, whatever the cause of it, provided that it is accredited.

The way in which each person is designated through their name and surname, is a complex institution that protects individual and social interests, while constituting a right to personality and performs a social function of personal identification.

Collaboration: Vanesa Débora Mestre / Lawyer (Registration San Juan 3278- Registration Mendoza 6118- Federalt. 78- F. 316) / Telephone. 2644189975 / GENERAL ACHyahoo.com.ar .-