Elimination of father’s name

This request was justified by the fact that the plaintiff’s father had not recognized him as his son when he was born, and only did so years later, after a DNA test. In addition, after recognizing the plaintiff as his son, the father never took responsibility for his parental duties or fostered the bond with his son; they only had some occasional meetings.  

The action was based on section 69 of the Civil and Commercial Code of Argentina, which permits an exceptional change of first name or surname if there are serious grounds for that change. Among the reasons, the legislator considers the impact on the personality of the individual concerned (section 69, subsection C). This was the justification used in the case, as the plaintiff felt upset when addressed by his father’s name.  

In the sentence passed, that admitted the initiated claim, the Judge dealing with the case expounded that a person’s name, in its dynamic and static faces, is part of a person’s identity rights and is essential to the way an individual perceives themselves. .  

In this vein, the decision highlighted that the case law and the national jurisprudence have been increasing the flexibility of the principle of changing a person’s name, in line with social and cultural changes, and according to the emerging principles of the Core International Human Rights Instruments. These treaties guarantee people’s identity, in all its aspects, and promote a higher autonomy in an individual’s life.  

The conclusion was that, after proving that the maintenance of the father’s name had affected the plaintiff’s personality, there was no reason to reject the request of elimination of the father’s name and incorporation of the mother’s name, as such action did not interfere with public order.