¿Se puede cambiar el apellido en España?

Changing one's surname is a decision with significant legal implications and raises several questions: Is it possible in Spain? How does one renounce a family surname, and what are the consequences? What if a family surname is at risk of disappearing? Can the surname of a deceased person be changed? Refusing to use one's father's or mother's surname is one of the clearest social and legal signs that a family conflict has become deeply entrenched. This is what happened in the case of Shiloh Jolie, daughter of Angelina Jolie and Brad Pitt, who announced her intention to "erase" her father's surname following her parents' contentious divorce. We spoke with Óscar Martínez, treasurer of the Spanish Association of Family Lawyers. In Spain, it is possible to change the order of surnames by appearing at the Civil Registry, a simple procedure. However, a complete change of surname or identity requires exceptional circumstances and is more complex. This process involves an administrative procedure in which evidence and arguments must be presented to convince the Civil Registry of the justification for the change. Although not mandatory, legal representation is recommended due to the complexity and potential for appeals. Changing the order of surnames is a common practice, and since 2000, it has been permitted to place the mother's surname first if both parents agree. In case of disagreement, since 2017, the law determines the order of surnames according to the best interests of the child, eliminating the traditional preference for the father's surname. Once a surname change is approved, it is irreversible under the law, due to its restrictive nature and the impact on a person's identity and documentation. If an older child, but still a minor, wishes to change their surnames, they would need emancipation or parental intervention. In case of conflict between parents regarding the order of surnames, either parent can initiate an administrative procedure for a judge to decide. Regarding more drastic changes, such as adopting only one parent's surname, Martínez explains that the law allows this under exceptional circumstances, such as cases of gender-based or domestic violence. One example is a Supreme Court ruling in November 2022, where a daughter obtained the right to have only her mother's surname due to the father's complete lack of involvement in her life. Posthumous changes can also be made in extreme cases, such as the murder of a child by one of the parents. The surviving parent can request the Civil Registry to remove the perpetrator's surname from the deceased child's birth certificate. Since 2017, there has been an increase in interest in changing the order of surnames, especially in contexts of gender-based or domestic violence. The amendment to the law has allowed victims to legally distance themselves from the perpetrator by removing their surname, a measure that can also be linked to the loss of parental rights.