The father’s surname can be added without his consent.
This initiative was born after the Constitutional Court declared the invalidity or annulment of Law 54 of 1989, which states that in the civil registry of birth, the father’s last name must always be registered first and then the mother’s, if it is a legitimate child for whom the father is responsible.You can read: This is the process to change the name in Colombia
This bill indicates that, if no agreement is reached to determine the order of the surnames, it could be concluded through a lottery that could be done by the official in charge of the registry. However, the main feature is that it eliminates patriarchy when building a new family.
Child recognized by non-biological parent
Now, the parents will have to state the order of the surnames in the Civil Registry application. Once the order of the surnames of the first-born child has been chosen, it will be the same for the rest of the children of the couple.
The parents will have 72 hours to decide which will be the first name and the first surname. If they do not reach an agreement or if they do not do so in the inscription, it will be the Civil Registry official who will choose it and will not be able to put the father’s name first by default, but will have to think of the baby’s best interests. However, the Ministry of Justice does not foresee that there will be many cases of disagreement over surnames.
In the rest of Europe, with the exception of Portugal, it is normal for people to have only one surname and, in most cases, the paternal surname prevails. There are some exceptions, such as Sweden, where the order is chosen and, in case of discrepancies, the mother’s is used.
Outside the peninsula, the French can also decide which surname they want to pass on to their children: the mother’s, the father’s, both and the order. However, until a little more than a decade ago, only the paternal surname was inherited.
The paternity of a voluntarily acknowledged child may be contested.
II. The children born within three hundred days after the dissolution of the marriage, whether this comes from the nullity of the contract, death of the husband or divorce. This term shall be counted in the cases of divorce or nullity, since the spouses were in fact separated by judicial order.
Article 325.- Against this presumption no other proof is admitted than that of it having been physically impossible for the husband to have carnal access to his wife, in the first one hundred and twenty days of the three hundred that have preceded the birth.
Article 327.- The husband may disown the child born after three hundred days counted from when, judicially and in fact, the provisional separation prescribed for cases of divorce and nullity took place; but the wife, the child or the guardian of the latter, may maintain in such cases that the husband is the father.
Article 329.- The questions relative to the paternity of the child born after three hundred days of the dissolution of the marriage, can be promoted at any time by the person to whom the filiation harms.
Can the surname of a non-biological child be taken away in Colombia?
Kindly, in relation to the matter of reference, in the terms provided in Articles 26 of the Civil Code, 13 et seq. of the Code of Administrative Procedure and Administrative Disputes, and 6th, numeral 4, of Decree 987 of 2012, the request for a definitive concept on the case in question is answered, in the following terms:
According to Constitutional Jurisprudence, Filiation is “one of the attributes of legal personality, since it is indissolubly linked to the civil status of the person, and that, in this sense, people have within the Colombian constitutional law, a true “right to claim their true filiation”.
The right of the minor to a name and to the knowledge of his filiation is fundamental not only because of the aforementioned constitutional mandate, but also because his human dignity is at stake, since it implies the possibility of being identified and differentiated from other individuals and the exercise of other rights, such as those related to his food, upbringing, education and establishment”.