First court ruling changing the order of surnames in Costa Rica

QCOSTARICA — In Costa Rica, a person has two last names (surnames), the paternal surname followed by the maternal surname, “in that order”.

However, in January of this year, in a tight vote of 4 to 3, the Constitutional Court declared that in Article 49 of the Civil Code the phrase “in that order” is unconstitutional because it goes against the right to equality and non-discrimination to the detriment of women and the right to equality between spouses, as well as the rights to the free development of personality, name and identity, in relation to the constitutional principle of reasonableness and proportionality.

This declaration of unconstitutionality was a great historical milestone that brings with it important ramifications in gender equality and the construction of identity, since it allows people to have the freedom to choose to invert the order of their surnames, taking the mother’s surname first and the father’s surname second.

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Read more: Costa Ricans will be able to change the order of surnames

Thanks to the January court ruling, a 65-year-old man obtained the necessary authorization to reverse the order of his surnames and to use his mother’s name as his first surname from now on.

The ruling also allowed for the applicant’s middle name to be removed and for the update to be recorded in the birth records at the Civil Registry of San José.

This is one of the first rulings of its kind in Costa Rica.

“It was proven that he is not a person who is involved in criminal activities, that he is not using this change incorrectly, but that it is due to a family and historical issue,” said Eduardo Solano, the applicant’s lawyer.

¡Primera resolución de cambio de orden de apellidos!
Hoy recibí la primer sentencia -de los casos que llevo- donde una jueza autorizó a mi cliente poder cambiar el orden de los apellidos, para que el primero sea el de su madre y el segundo, el de su padre. pic.twitter.com/ClKZNdids7

— Eduardo Solano (@edusolanosolano) September 2, 2024

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Once the ruling becomes final, and the Civil Registry updates its records, the applicant, with his new ID, must not take on the daunting task of notifying the change, for example, to the CCSS (health), driver’s license (MOPT) and other governmental agencies. The change may also affect banking and credit history, among others.

While it has not been confirmed through testing, the decision could potentially permit foreign individuals who become naturalized citizens to choose the order of their last names or make a change after the naturalization process.

In order to change surnames, individuals must submit a request to the Civil Court.

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