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Listing a newborn: what names are prohibited by law and how the last name is defined

2023-05-05T09:46:44.161Z


Although in Argentina there is wide freedom to choose what to name a baby, certain limits are imposed. Which ones the Civil Registry rejects.


"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

.

MDG

look also

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Source: clarin

All news articles on 2023-05-05

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