Colombian law, in seeking to maintain unity and ensuring the rights of minors, allows, in very few cases, taking away a child’s last name. Even according to the Colombian Institute of Family Welfare (ICBF), through its entity it is not a reconcilable process.
“The right to identity of a child or adolescent is not reconcilable; That is, the parties cannot have this right. In the event that the paternity of a child or adolescent is in dispute, the process to challenge or investigate paternity must be carried out, depending on the case. they explain.
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This point is fundamental, since in any case several causes must be proven to allow this process.
According to the law firm, Family Lawyers, there are three recurring reasons for wanting to do this process, which would eventually allow the procedure to be carried out:
1. Paternal absence: If the father is absent in the child’s life andor fulfill your parental responsibilities, such as care and support, There could be a reason to seek a change of surname. However, the mere absence of the father is usually not enough to justify the change, and the legal process can be complex.
Howeverthe first thing to do is try to resolve the problem of non-compliance with the food quota. According to the Code of Childhood and Adolescence in Colombia, the parent has the obligation to contribute financially to the support of his or her children. If the father does not comply with this obligation, a legal process can be initiated to demand payment of the child support fee.
For this, it is necessary go to a Family Police Station or a family judge. A claim for food must be submitted, in which the situation will be explained and the establishment of a food quota will be requested. The judge may order the defaulting parent to pay a monthly sum for the maintenance of the child. If non-compliance persists, the judge may impose sanctions such as seizure of assets or, in extreme cases, deprivation of liberty.
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2. Protection of minors: In cases of abandonment, mistreatment or abuse by the father, the mother or other family members may seek to protect the minor by changing their last name to legally separate them from the paternal figure.
3. Personal identity: Some people may wish to change their paternal surname for reasons of personal identity, especially if they have a conflictive relationship with their biological father and wish to distance themselves from him.
“The process to change a child’s paternal surname in Colombia is rigorous and subject to certain legal restrictions. Generally, this process involves filing an application with a family judge. It is important to keep in mind that each case is unique and will be evaluated based on its specific circumstances,” explains the firm.
1. Best interest of the minor: In all cases involving a last name change, the best interests of the child are the primary consideration. The judges will evaluate whether the change is beneficial for the child’s emotional and psychological well-being.
2. Parental consent: In most cases, the consent of the biological father is required to change the child’s last name. If the father objects to the change and the court finds that his opposition is justified, the process could be denied.
3. Solid foundation: The surname change request must be supported by solid and convincing arguments. It is important to present documentary evidence and testimonies that support the need for the change.
“Although changing the last name may be an option in cases of abandonment, abuse or personal identity, it is essential to understand that the process seeks to protect the emotional and psychological well-being of the minor. Thus, the Colombian legal system balances the desire to change the surname with the need to safeguard the rights and well-being of the minors involved,” they add.
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If you consider that you meet any of the above reasons to carry out the procedure, You must submit a formal application to a family judge well-founded and justify the reasons for the change of surname. Non-compliance with maintenance obligations may be one of the arguments presented, although it is not usually sufficient on its own.
In addition, You must present evidence to support the request. This includes evidence of non-compliance with child support, and any other factor that demonstrates that maintaining the parent’s last name is detrimental to the child’s well-being.
Finally, the judge will call a hearing in which the arguments of both parties will be heard. It is possible that the participation of the Colombian Institute of Family Welfare (ICBF) will be requested to evaluate the situation of the minor and issue a decision on the change of surname.
In the end, The judge will issue a decision based on the best interests of the child. If it is considered that the change of surname is in the best interest of the minor, the change will be ordered in the civil registry.
PAULA ANDREA GALEANO BALAGUERA
Portfolio Journalist
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