According to Article 12 of the Family Code, when entering into a civil marriage, each spouse declares whether they will keep their own surname or take their spouse’s surname. It is also possible to add the spouse’s surname to one’s own.
There are cases where a wife does not take her husband’s surname at the time of marriage but later decides to do so. Such cases are governed by the Civil Registration Act. The procedure for changing a name is carried out before the District Court upon submission of a written application stating the circumstances that justify the requested change.
It is also possible for the husband to change his surname after marriage for various reasons. In such a case, the wife must decide whether to retain the surname she acquired through the marriage or to submit a new request to the court for another change of surname, since the marital union generally implies a shared family name as an expression of belonging.
In all cases, however, the change of surname cannot be made solely at the request of the petitioner. The applicant must present facts and evidence corresponding to the legal grounds provided in the Civil Registration Act.
This article does not constitute legal advice or an opinion. For legal assistance regarding a surname change, please consult a lawyer specializing in civil, family, and inheritance law.