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A woman will suppress her paternal surname due to the violence suffered in her childhood

This was authorized by the Civil Chamber of General Roca, after the 26-year-old girl recounted in first person the psychological and economic violence suffered during her childhood and adolescence.

  • 25/09/2023 • 20:02

The Justice of Río Negro reported that the ruling of the Civil Chamber of General Roca authorized a 26-year-old woman to delete her paternal surname and replace it with her maternal one because she suffered economic and psychological violence during her childhood. The young woman recounted in first person the psychological and economic violence suffered during her childhood and adolescence, explaining that in those years her father burdened her with complaints and reproaches, always linked to her mother's decision to end the couple and the obligation to pay a food fee. She spoke of the feelings of anguish, fear and insecurity that, despite the years, persist in her associated with the figure of her father, and emphasized the historical absence of the man in the significant moments of her life. For the Chamber, the woman's presentation, made through General Roca's Public Defense, managed to prove a "just reason" to enable the change of last name. The Court recalled that the Civil and Commercial Code, in its article 69, establishes that "the change of prename or surname only proceeds if there are just reasons at the discretion of the judge." The standard recognizes that there is a just reason when the name or surname generates an "affectation of the personality of the interested person, whatever its cause, as long as it is proven." The ruling assessed that there was no opposition to the request, neither from the parent nor from third parties, and that both the Public Prosecutor's Office and the Civil and Capacity Registry of Persons, the enforcement authority, agreed. The claim had been rejected in the first instance, but in the appeal stage, the Ombudsman for the Poor and Absent No. 10 presented psychiatric and psychological reports on the profound implications that the paternal surname has for the young woman. The Court's decision finally upheld the claim and ordered "the deletion of the paternal surname in the plaintiff's name" and her new identification with the maternal surname in all official documents and records.