Thursday 2 May 2024

Costa Ricans will be able to change the order of surnames

The measure does not apply to same-sex couples, minors and people who only have the mother's last name

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02 May 2024 - At The Banks - Source: BCCR

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QCOSTARICA — A ruling from the Sala Constitucional (Constitutional Court), often referred to as Sala IV, Costa Rican adults who wish to change the order of their surnames will be able to do so from now on.

The high court declared Article 49 of the Código Civil de Costa Rica (Civil Code) unconstitutional, which establishes the order of surnames according to the phrase “in that order.”

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This allows individuals the chance to alter the sequence of their surnames, however, it does not apply to same-sex couples, minors, and those who only have the mother’s last name

The majority of the magistrates of the high court considered that the obligation established in Article 49 violates the right to equality and non-discrimination to the detriment of women and the right to equality between spouses.

In Costa Rica, it is customary for individuals to have a single or combination given name (known as “nombre” in Spanish) and two surnames (referred to as “apellidos” in Spanish), with the first surname being that of each parent.

Traditionally, the first surname is the father’s first surname, and the second is the mother’s first surname.

This naming custom applies also to foreigners who become nationalized. For example, “John Smith”, would become “John Smith Jones”, Jones being the mother’s name taken from the birth certificate required in the naturalization process.

 

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