LATEST! TC: It is unconstitutional to require that the paternal surname come first | The law

High Court declared founded habeas corpus in favor of plaintiffs who requested the derogation of the article 20 of the Civil Code, so that Reniec prefix the maternal name to the paternal one in identification documents.

Plaintiffs alleged a violation of the right to identity.

Constitutional Court (TC) indicated that the violation of the plaintiff’s right to identity, as well as the principle-right of equality and non-discrimination based on sex in the choice of surnames.

For this reason, TC declared inapplicable In this case, article 20 of the Civil Code, referring to the interpretive meaning that establishes an order of priority in the surnames assigned to the child.

It also established that the interpretation of Article 20 of the Civil Code must be in accordance with the Constitution, in the sense that does not establish an order of priority between the paternal and maternal surnames.

Finally, the Court urged the Congress of the Republic modify article 20 of the Civil Code, in order to establish a solution mechanism before the parents’ disagreement to assign the order of the children’s surnames.

Read and / or access the sentence HERE.

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