The supreme authorizes a girl's name change to prevent his father's second last name from being extinguished · Legal news

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The Supreme Court authorizes through a recent sentence the change of the first surname of a girl at 3 days of being born, to avoid the success of the father's second last name.The Chamber considers that there is no law fraud, but that it is a legally valid option and that it does not harm the minor or a third party.

When the child had only three days of age, the parents requested before the Civil Registry the change of their daughter's first surname.The claim was to add, to the first surname of the daughter, the father's second last name, who was in danger of disappearing.The petition, however, was denied by the General Directorate of Records and Notaries (DGRN).

Dis disagreement with such a decision, the parents formulated lawsuit, but was also rejected by the first two instances.

However, the Supreme Court estimates the appeal presented by the parents, whereby revokes the resolution of the DGRN and authorizes the change of the first requested paternal surname.

Danger of Extinction

The reason for the petition is based on the fact that the father's second last name, which is of Spanish origin, with an antiquity proven greater than 300 years, ran an obvious risk of disappearance, since, according to certificate of the National Institute of Statistics,dated February 27, 2017, in Spain there were only 9 people who held him as the first last name and another 11 as second.

Therefore, the High Court considers that, based on the requirements established in arts.57 and 58 of the Civil Registry Law, if the change of surnames requested is justified and viable.

Requirements

First, it points out the sentence that the aggregation of surnames as a mechanism for the conservation of the surname at risk of disappearing is a legal option to conserve it.

In addition, when the purpose of the change of surname is its conservation for being at risk of disappearance, it is not required that the surname in the proposed manner constitutes a situation of fact not created by the interested party.

Second, it has been proven that the last name is intended to unite or modify legitimately belong to the petitioner because it is a surname that belongs to the girl's family for more than 300 years and that constitutes the second of the surnames ofHis parent, as is in the birth certificate of the child.

Third, the Chamber appreciates the existence of just cause what is the conservation of a Spanish surname at risk of extinction, raised to legal rank as a legitimate reason to operate the change of surnames.He does not appreciate a spurious reason in the request formulated, but to keep a family name.In addition, neither can this alteration harm a third party.

It also considers that there is no fraud of law, but a legal option, which is in this case duly justified because the aggregation of surnames is an expressly planned normative mechanism to preserve those that are in obvious danger of disappearance of disappearance.

Only option

Finally, the sentence rules out the possibility that Father alters the order of his last names in order to transmit it to his daughter as the first surname.The reasons are the obvious damages that such alteration would cause the father to attend to his age, vital route and professional activity as a lawyer in exercise, since he is identified in legal traffic through the use of his last names, which makes up a situation of fact of factconsolidated.On the contrary, the inconveniences for his daughter, with only a few days at the beginning of the file, are of very low entity, since their identity is not consolidated with their original surnames.