They authorize a minor to replace his father's last name: what is considered as "just reason"

The Civil and Commercial Appeal Chamber of Appeal made a teenager's request to replace the surname composed of his father with that of his mother, since he did not feel identified with that.

In the case "H.B., C.B.s/change of name ", the child presented a request to change the last name of the latter in the terms provided by the art.69 of the Civil and Commercial Code.

He said that he never lived with his father and that, in the first years of his life, he had only maternal surname and that, after a while, he was legally recognized by his father.He argued that, at present, his parent did not meet any of his affective or material needs and that they did not maintain a nearby link.

He expressed that he did not feel identified with the paternal last name and that, for years, he has known in his different circles with the maternal surname, which he even uses on social networks.

He raised his desire and necessity - spiritual and mental - to formally carry the maternal last name, so he says that there are "righteous motifs" to demand change, attentive to the sentimental burden that causes him daily to carry an identification that is not condemned with his historystaff.

Los jueces tuvieron en cuenta que la menor se daba a conocer con el apellido de su madre

Sentence

After analyzing the evidence contributed to the case, the Minors Advisor and the head of the Ministry of Civil Affairs of the Public Prosecutor's Office of Tandil understood that it was necessary to take place to the requested change.

The first instance judgment rejected the order because it was not accredited to affect the personality of the child for the use of the paternal surname.

The teenager's mother appealed on behalf of her daughter and the camera made the request after assessing the minor's opinion at a personal contact audience with an interdisciplinary team.

"While the principle of stability of the name discards as fair reasons any frivolous, inconsequential reason, that does not merge into facts that seriously aggravate material, moral or spiritual interests of the subject who intends the modification, and that does not tolerate the reasons of mere taste, pleasure or whim; the truth is that this notion is not necessarily limited to issues of extreme gravity and imperative need, since it is also comprehensive of other reasons, as long as they are serious and founded, "said the cameramen.

At this point, they pointed out that "just reasons have been considered, the personal experiences of the psyche that, even if they configure abandonment in a legal sense - the spiritual, emotional, moral and affective aspects aggravated". ".

They also stressed that "the new legal plexus does not assign preference to the last name of any of the parents, suppressing the priority of the male in the transmission of the name to its offspring and the consequent obligation of the carrying of the paternal last name contained in the previous regulation".

"In addition, it expands personal autonomy, promotes a less tense articulation between individual and family interest and public interest and replaces the rigorous immutability with a more flexible stability rule; which grows the possibility of dissociating the surname of the person of the person ofHis affiliation, which, consequently, is legally possible, "they added.

In this case, for the magistrates, at the time of deciding, it was relevant to take knowledge of the minor's opinion about his decision to suppress the paternal surname and the scope and impact that this change would have on his life.

"In the case of the change of surname of the son or daughter, the opinion of the child or adolescent must be especially valuematurity and that this is properly taken into account, "they explained.

Then they pointed out that "although it is known that knowing the child's opinion does not imply unconditionally accepting his desire if this can be harmful to his best interest, his opinion is required to be considered in the decision".

In the specific case, they understood that the adolescent's decision was founded on her personal experiences around the lack of frequent contact with her parent and the little interest and emotional support that she perceived from here.

In this way, they revoked the sentence of first instance and made the request for suppression of the paternal surname to replace it with the mother.

When authorized

The name (or surname) is an institute that interests public order not only for the relations of the subject with the State, but as a means of security and guarantee of intersubjective relations in the social medium social complex in which one lives.

"The stability that is preached with the word immutability causes the name to correctly fulfill its purposes of individualization and identification of people through time and space.Its arbitrary alteration would lead to disorder, the insecurity of rights, irresponsibility in the fulfillment of duties and obligations, which would mean nothing less than lead to social chaos, "says Fernando Millán, collaborator of the Erreius publishing house.

It only allows you to change it if there are "fair reasons" that make exceptionally yield the rigor of immutability;It does not have a specific enumeration but that task will depend on the analysis of each case that the judges carry out.

Unlike the repealed law of name 18.248, the precept offers an enunciation of the just reasons, but is not taxative since the expression "among others" is used.

When the law refers to them, it does so under a dynamic concept, since those causes that were admitted to the sanction of the norm may not be the same as those received in the future.

The norm also does not exemplify what the criteria that must be followed to make exception at the beginning.

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"The judge must judge the mobiles in each case and weigh the seriousness and legitimacy of the facts invoked and, many times, try to perceive the real causes that are hidden under the pretexts that are exhibited," concludes the specialist.

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