The Strasbourg court has considered, after the complaint of a Spanish mother to whom Spain did not allow to change the order of the surnames of her daughter, born in 2005, that the prevalence of the paternal surname over that of the mother is discriminatory. After the reform came into force in June 2017, the Civil Registry law required the authorization of both parents to put the mother’s last name first, something that did not happen if the father’s went first.
In Spain, the situation changed four years ago, and at the time the child was born, the law provided that in case of disagreement between parents, the young woman would first carry the paternal surname and then the maternal. In this way, the sentence, collected by Europa Press, states that the Spanish State must pay 10,000 euros the plaintiff “morally” and23,853 euros in costs.
“While putting the paternal last name first could serve the purposes of legal certainty, the same purpose could be served by having the maternal last name in this position. Therefore, the reasons given by the Government have not been sufficiently objective and reasonable to justify the difference in treatment imposed on the plaintiff “, says the sentence.
In this sense, in case the parents do not agree or when the order of the surnames has not been indicated, the person in charge of the Civil Registry will require the parents to communicate it within three days. If this does not occur, the duty manager will agree the order of surnames attending “to the superior interior of the minor”, that is to say, to avoid the badsonances when combining the surname with the first name, by alphabetical order or drawing, clarifies the Court.
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