"What is the baby going to be called?"
That's what everyone asks during pregnancy.
The answer arises in principle from the will of the parents.
But finally, both the
name
and the
surname
end up
being confirmed in the Civil Registry
, which will not admit any crazy idea.
Although in Argentina there is
wide freedom
to choose what to call a newborn person, and new and exotic names emerge every year, the truth is that they must always meet a series of requirements.
If not, they are rejected.
The matter is regulated in the
Civil and Commercial Code of the Nation
, which was reformed in 2015 and which also brought important changes regarding the
surnames
with which a baby can be registered, and in what
order
they go.
What are the names that cannot be used in Argentina?
In its
article 63
, the new Code establishes the following
limits
for the choice of a baby's first name:
-
The amount
.
It is possible to put a first name, a second name and even a third name, but it is not allowed to use
more than three
names before the last name.
Example of the forbidden: calling a baby Felipe Thiago Benjamín Bruno García
.
-
As a brother, no
.
The law prevents choosing the same
first
name as a
living sibling
.
Example of what is prohibited: putting Delfina Emilia on a baby whose older sister is called Delfina Sofía.
There is the freedom to choose the name, but within certain limits.
Photo: Shutterstock.
-
Surnames, no
.
It is not allowed to use as a name a word that is a last name.
Example of what is prohibited: calling a baby Fernández Luciana García.
-
Do not harm him
.
Finally, the Code indicates that " extravagant
" names cannot be admitted either
.
In what cases is a name considered inadmissible as "extravagant"?
What is reprehensible
is not that it is exotic
, original or unusual.
Names of all kinds can be registered, including -according to the Code clarifies- aborigines and those derived from autochthonous and Latin American aboriginal voices.
Those that are rejected are the names that could negatively affect the person throughout his life, because they are
pejorative
,
aggressive
or
embarrassing
.
Or because they could make her the object of
ridicule
,
rejection
, humiliation or bullying.
There is no list
of prohibited names, but it is left to the discretion of the officials.
"The limit is that
it is not stigmatizing
or
offensive
," explains
Clarín
Facundo Bargalló, general director of the Civil Registry of the City of Buenos Aires.
And he mentioned as an example that a couple was recently prevented from calling their baby
Lucifer
(a word defined in the dictionary as "a proud, angry and
malignant
man ").
In this sense, in 2018, the Buenos Aires body clarified in an official provision that names cannot be registered that "in any way could
affect the dignity
,
decorum
or
social interaction
of the person."
Another case that had an impact during the pandemic occurred in the city of Ceres, Santa Fe, when they tried to put "Covid" on a newborn baby, a request that was
rejected
.
In any case, given the refusal of the officials to accept a specific name, the parents can
resort to Justice
so that it is a judge or court who has the last word.
With the prohibition of extravagant names, it is sought to protect the interest of the baby.
Photo: Shutterstock.
How is the surname of a baby defined now in Argentina?
"
Before
the new Civil Code, which came into force in August 2015, children had to bear the
father's surname first
, and the mother's could be added. Today the
order
and
composition
are chosen by both," says Bargalló .
What the rule establishes, in its article 64, is that the child bears the first surname of "
some" of the parents , and that optionally "the surname
of the other
can be added
".
In the event that
there is no agreement
between the parents on which of the surnames will be used or on which one will go first, the Code indicates
to solve it "by lottery"
in the Civil Registry.
Finally, the law establishes that "
all children
of the
same marriage
must bear the surname and the compound integration that has been decided for the first of the children."
Thus, if the first child of a couple is written down with the last name "García Pérez" (García being the mother's and Pérez the father's), the second child
can
no longer be Pérez García, nor García alone, nor Pérez alone: it will have to be "García Pérez" too, like his older brother.
Registering a newborn: how is the process
The definition of the name and surname are part of the
birth registration , a
free
procedure
that must be carried out by one of the parents after the birth.
The management, which is carried out before the Civil Registry corresponding to the place or in the same health center, allows obtaining the
birth certificate
and then processing the first National Identity Document (DNI).
If there is no agreement on which last name to use, the Civil Registry defines it by lottery.
Photo: GCBA.
In the
Capital
, the Civil Registry has offices in about
20 hospitals and clinics
, which can be consulted online (by clicking here).
In these cases, the baby will already leave the establishment with the birth certificate completed and the DNI process started (later it will be received at home).
If the delivery took place in another medical center, you must
request an appointment
(from this link) to register at the Central Office of the Buenos Aires Civil Registry (Uruguay 753), or at the offices of Segurola 141 or Holmberg 2584.
What is required is to present the
ID of both
parents and the marriage certificate (in case of being married).
"The parent who attends must take
an oath on the agreement
reached by both, of the
imposition of surnames
that the son will carry," they clarify.
In the
Province of Buenos Aires
, the process to register a newborn and obtain the birth certificate can be
started online
up to
40 days
after delivery (from this link).
It can also be done in person at the Civil Registry office that corresponds to the area.
During the procedure, the ID of both
parents, the
birth certificate
issued by the health center and the
BCG vaccination
certificate must be presented
.
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