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 Instead, it originated from customary practices rooted in a patriarchal and outdated view of the family.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

In Costa Rica, Rare White-Lipped Peccaries Still Survive

Today we meet the white-lipped peccary, a large animal that travels in large groups that has disappeared from a large part of its historical...

Honduras Community Demands Justice in Environmental Murder Case

Three defendants accused of murdering an environmental activist in Honduras 11 months ago appeared before a court this Thursday for a preliminary hearing, the...

Costa Rica Issues Green Weather Alert as Heavy Rains Expected

The National Emergency Commission (CNE) has declared a green weather alert across Costa Rica due to the expected increase in rainfall over the coming...

Honduras agrees to receive migrants under new US deportation agreement

The US has signed a new deportation agreement with Honduras, allowing officials to send migrants from other countries there instead of keeping them in...

Route 32 Reopens Following Preventive Closure Over Landslide Risk

Route 32, which connects San José with Limón, was reopened this morning after being closed for nearly 12 hours as a preventive measure due...

Mexico Battles Wildfire Damage with Drone-Based Reforestation

Authorities in the state of Michoacán, in western Mexico, are using drones to scatter seeds from the air in an effort to reforest hundreds...
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