No menu items!

COSTA RICA'S LEADING ENGLISH LANGUAGE NEWSPAPER

HomeTopicsArts and CultureCosta Rica Overturns Rule Prioritizing Fathers Last Names

Costa Rica Overturns Rule Prioritizing Fathers Last Names

Costa Rica has recently enacted a progressive legal change, allowing people over 18 years of age to modify the order of their last names. This groundbreaking reform eliminates the long-standing obligation to prioritize the father’s last name, offering individuals the autonomy to choose their preferred sequence.

In contrast to practices in the United States and other countries, Costa Ricans traditionally bear two last names, with the father’s surname conventionally taking precedence over the mother’s surname.

The discussion centered around Article 49 of the Civil Code, which formerly dictated that a person’s name should consist of one or two words as a first name, “followed by the first surname of the father and the first surname of the mother, in that order.” The crucial phrase “in that order” has been removed, marking a significant departure from tradition.

The Constitutional Chamber scrutinized this article and found it to be in violation of the principle of equality before the law, as well as national and international legislation aimed at eradicating discrimination against women.

A majority of constitutional judges reasoned that mandating the order of surnames in favor of men lacked reasonable and objective foundations. Instead, it originated from customary practices rooted in a patriarchal and outdated view of the family.

“The establishment of the order of surnames in favor of the man as the only option is not based on reasonable and objective parameters, but rather finds its genesis in customary practices based on a patriarchal and anachronistic conception of the family, which discriminates against women and today is incompatible with the law of the Constitution,” the judicial entity revealed.

Furthermore, the magistrates concluded that enforcing a predetermined order of surnames in favor of men as the exclusive option curtailed the right to the free development of personality in connection with the right to identity.

However, the Court clarified that this progressive measure does not extend to same-sex couples, minors, and individuals with only the mother’s surname. In these three scenarios, individuals would need to initiate new judicial consultations to effect the desired change.

Trending Now

Guatemala Seeks FBI Help After Gang Leaders Escape Prison

The Guatemalan government announced Friday that it will ask the United States for an FBI team of experts to help recapture the leaders of...

Docuseries Last Lands Spotlights Panama’s Prison Island Now a National Park

ABC News Live has launched the second season of its docuseries "Last Lands," with an episode that spotlights Coiba Island in Panama. The island,...

Venezuela Arrests Suspects in Alleged CIA Cell Plotting Attack

Venezuela claimed Monday to have dismantled a CIA-financed cell plotting a false-flag attack on a US warship deployed to the southern Caribbean, as Washington...

Costa Rica Residency Backlog Hits 38,000 in October

Immigrants in Costa Rica continue to deal with long waits for their residence cards, known as DIMEX, as the immigration system struggles with backlogs....

Costa Rica Welcomes Ed Sheeran Back for Loop Tour Show

British singer-songwriter Ed Sheeran will wrap up the Latin American leg of his Loop Tour with a performance in Costa Rica on May 30,...

Guatemala’s Prison Escape and Central America Security Risks

Guatemala faces ongoing challenges with gang activity, and recent events highlight how these groups test the system's limits. On October 12, officials announced that...
spot_img
Costa Rica Coffee Maker Chorreador
Costa Rica Coffee Maker Chorreador
Costa Rica Travel Insurance
Costa Rica Rocking Chait
Costa Rica Travel

Latest News from Costa Rica