In this article you will explain what the Requirements to Change a Child’s Last Name. In Mexico it is very unfortunate and, very common that after the parents decide to take their own path separately. One of them forgets about the obligations and commitment that you have towards your youngest child.
As a consequence, these parents rebuild their lives with other couples and the latter becomes the father figure of these children. They treat them as their own, allowing them to use their surname in the social sphere.
In Mexico, it is allowed to change the surname of the biological father who has never been in the child’s life, as long as he meets the established requirements.
What are the Requirements to Change the Last Name of a Child in Mexico?
It should be clear that it is a contentious process, established in the Civil Procedures Code and it will depend on the procedural conduct of the defendant and will be endorsed by an exhaustive analysis that will be carried out by the judge of the case, who will decide if it meets all the requirements to modify the Birth certificate.
The Civil Code of Mexico, allows you to modify the Birth Certificate, according to its articles 3.38 and 3.38 bis. That is why the Requirements to change the Surname of a Child in Mexico are the following:
- The first thing is to hire and search advice from a private attorney or litigant of the public defender’s office, which will help you in the procedures established for changing your surname and modifying the Birth Certificate.
- Then a trial will be held that will allow the minor’s last name to be changed, and it must comply with established guidelines.
- Use the last name in your social media, family member and that appears on your Birth Certificate.
- The sole purpose of the trial is appropriate to marital status to life applicant’s actual.
- It must not harm other citizens with respect to their rights and commitments acquired and legal relationships previously accepted.
- The Birth certificate it must reflect the undoubted filiation.
Documents Needed to Change a Child’s Last Name
It is important to note that in Mexico all citizens have the right to have their own identity. That is, the citizen must be registered and have his birth certificate. You also have the right to know your parents and that both are the one who registers it.
Birth certificates in Mexico of any citizen must contain the following data:
- The day, the time and place of the citizen’s birth.
- The sex of the presented.
- Your identification. That is, name and surname that they have given.
- Specify if the citizen presented it alive or dead.
- It is done by printing the digital document presented.
The citizen must be aware of their biological origins, but due to the abandonment that he has suffered by some of his parents, he has not had a good relationship with that person. The name of the person is not related to their reality, that is why in this situation they can aspire to change their surname for the representative who exercised the role of father.
Therefore, if this is your case, you must comply with a series of Requirements to Change a Child’s Last Name, In addition to meeting these requirements, the citizen must have the main document for this type of situation, which is the birth certificate, since with the change of surname, he will have to bring the one he has to be changed for a new one.
Steps to Change a Child’s Last Name
The steps to change a child’s last name will depend on the I study that the judge carried out to determine if the minutes can actually be modified.
It is important to note that to exclude the surname of the biological father and change the birth certificate, the process begins by hiring a private lawyer. In the case of the State of Mexico, citizens who do not have the necessary resources to pay for a lawyer have the opportunity to go to the public defender’s office, where the State will take charge free of charge to help with the legal issue.
Then there will be a trial to allow the change of surname to the child. It is important to explain that each case is solved in a particular way, each one has to be valued.
Can I change my child’s last name?
Of course yes, you must comply with the provisions of the Civil Code and do it voluntarily. Following the steps established for it.
Currently, in most of the states of Mexico the Civil Code, establishes that not only can you change the surname, you can also do it with the name, with the exception of certain states that still do not agree with this decision, arguing that it violates the right, affecting identity and assumes that you can lose blood affiliation with their ancestry.
Complying with the provisions of the Civil Code, it is understood that citizens are in their right as a human being, of be able to change your last name, as long as it complies with the law regulations, avoiding that said change does not affect the marital status or affiliation and therefore not do it with bad intentions, affecting third parties.
When the change of surname is requested, it adapts to a new judicial and social reality, never modifying social status or their respective affiliation, nor is it considered to be harmful to other people, since their rights and commitments do not cease to exist, in accordance with the provisions of Civil Code in Article 3.38 section II.
The Judicial Power of Mexico establishes that this entire process is free, offers advice and training to lawyers. The only thing they have to cancel is the certified copies requested from the Civil Registry.
It is established and guaranteed to watch over your rights, according to the constitutional reform dated June 10, 2011 and they are obliged to provide all kinds of support from Social Resolution.
It should be clarified that each case needs to be treated in a unique way, the same treatment cannot be given. “It cannot be pluralized that all requests will comply with the guidelines for the modification of Birth certificates, you have to carry out an analysis in a particular way and be valued ”. There is evidence that some processes can last up to 5 months.
Legal Acts to be taken into account when changing a Child’s Last Name
These measures of change of surnames of the child, is a consequence of the increase in a 182% of divorces in the country. According to the figures provided by the National Institute of Statistics and Geography.
It was determined that in 4 out of 10 families there is an absent biological father, which leads to a 11.4 million of children did not have the father / mother figure. That is why it is increasingly common to want to change the paternal last name and in a few cases eliminate the maternal one.
We must clarify that the birth certificate is a legal title, which guarantees the identity of every person. And where all the data of the birth such as date and place of birth, identification of the parents are reflected. In addition to the respective name chosen for the minor.
In addition, The Supreme Court of Justice of the nation. (SCJN) determined, in a session held on October 18, 2016. According to Resolution 208/2016, that from that date parents can register their children, determining the order of the child’s last name.
By leaving a portion of the Article 58 of the Civil Code, because said article diminished the role of women in the family sphere, since it forced the order of the surnames to be first that of the father and secondly that of the mother.
He ordered that new birth certificates must be issued in accordance with the order requested by the minor’s parents.
We must be very clear that it is a very controversial issue and it originated because a Judge of the Civil registration, refused to allow parents by mutual agreement to register their girls a few days old, with the His mother’s surname first and his father’s second.
As a consequence, the parents decided to request an amparo against the Article 58 and the action taken by the Judge, which violates their rights as parents.
The aforementioned protection was received by a District Judge, who decides to request the pertinent authorities to review the aforementioned article of the Civil Registry. In the first review it was agreed “That the parents have the power to decide the name of the child. And they can express what was agreed in the order of the minor’s last name, in relation to their rights in their private and family life.
It was concluded and justified the rights of the parents to be the ones who decide, which is the order of the surnames that their child will carry at the time of registration. It is clear and according to the antecedents, the father’s last name is always placed first. Leaving the mother as a simple part of the family
This is why the Supreme Court of Justice considers that the Article 58 of the Civil Code it was unconstitutional and nullifies it.
Last but not least, the International Laws on Human Rights of universal declaration, the International Covenant on Civil and Political Rights, like the American Convention, establish the fundamental right of the surname, as an attribute of the personality and is closely linked to the right Identity of the Individual.
Therefore, if this is your case, you should collect a series of Requirements to Change a Child’s Last Name.
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