Have you ever thought about changing your last name? Depending on the circumstances, you can file a petition, and according to the law, you might win the case. Certainly, parental abandonment is a situation that affects many children around the world.

Parental abandonment as grounds for requesting a change of last name

As a result, when these children reach adulthood, they may experience emotional consequences that affect their daily lives. However, in about one-third of cases, abandonment has come to be considered a legal offense.

Can you request a change of last name due to an absent father?

Yes. Whether it's your father's or mother's surname, you can request a name change due to an absent parent. However, you should be aware that removing a surname does not erase your biological parent.

What do I need to file a lawsuit?

First, a good lawyer who knows the law as well as the background of the case. Currently, there are at least six reasons why you can request a change of last name when:

• 1. Whether they're ridiculous or laughable.
• 2. The plaintiff has been known by a name other than the one on their identification (for more than five years).
• 3. There is no marital relationship.
• 4. The plaintiff wishes to reverse the order of the last names.
• 5. The last names are not of Spanish origin (translate them into the language).

It is important to remember that one of the fundamental requirements is evidence that the plaintiff has been abandoned.

What is parental abandonment, and how does it affect children?

Parental neglect can be defined as a situation in which a parent ceases to look out for the best interests of his or her child. In addition to physical separation, neglect may also be considered to have occurred if the parent:

• It does not provide financial support.
• They are not involved in important decisions regarding the child's life.
• Denies the child's existence.

On the other hand, in terms of how this affects them, there are certainly some cases where the father is absent from the moment of birth. In those cases, the psychological damage is usually less severe; even so, abandonment in and of itself is traumatic for the infant.

However, in the worst-case scenario, if the child already knows him, the child could end up suffering trauma. For example, identity issues and feelings of rejection toward him.

How can parental abandonment be grounds for requesting a change of last name?

Changes of last name have been among the most common cases brought before the courts. However, in most of these cases, the change has been granted only under the circumstances mentioned above.

Even so, following the amendment to the Civil Registry Law, a change of last name may be granted in exceptional circumstances. For example, in the case of Supreme Court Ruling No. 795/2022, dated November 21. The reasons that led the judge to reach this decision included, among others:

• The constant pain and trauma of the abandoned child (now a woman).
• Relinquishment of parental authority.
• Failure to fulfill parental responsibilities.
• Complete breakdown of ties with the paternal family (does not know them).
• Severe psychological harm (identity crisis).

Therefore, any individual who meets these same criteria may file a petition with the Supreme Court to change their last name.

Supporting Laws

Article 54 of the Civil Registry Law: “Change of Last Name or Identity Through a Formal Process,” lists certain circumstances that permit such a change.

However, following the update, Article 55: Authorization to Change a Last Name or Identity in Exceptional Circumstances states that:

“When urgency or security reasons not covered by Article 54.5, or other exceptional circumstances, so require, a change of last name or a complete change of identity may be authorized by order of the Ministry of Justice, under the terms established by regulation.” For example, one or more traumatic experiences caused by parental abandonment.

The Opinion of Carlos Baño Abogados

In Carlos Baño Law Firm We are aware that parental abandonment can have a profound emotional and psychological impact on those who experience it. We know that, in many cases, this abandonment leads to a complete severing of ties with the parent and their social circle, which may prompt a request to change one’s last name.

Spanish law allows for such a change to be requested under certain circumstances, but it is essential to seek the advice of a specialized attorney to evaluate each case and determine the feasibility of the request. As we have seen, case law has on several occasions recognized the possibility of changing surnames when there are compelling reasons, such as prolonged abandonment or the absence of emotional and family ties.

If you're considering starting this process or would like more information on how to do so, at Carlos Baño Law Firm We can help you evaluate your case and advise you on the legal steps to take.

If you need legal assistance with this process or any other family law matter, please don't hesitate to contact us. You can also find us at Google Maps and visit our offices in Alicante to receive personalized advice.