September 13th of 2021
Order of the surnames in the Civil Registry of Birth

Law 2129 of 2021 modified Decree 1260 of 1970 which states the order in which the surnames must be registered in the Birth Certificate, for children born in or out of wedlock, adopted children, children of common-law unions, children of same-sex couples and children whose paternity or maternity has been judicially declared.

According to the law, the surnames of the individual can be registered in the Birth Certificate by mutual consent of the parents, and it will no longer be mandatory that the first surname be that of the father and the second that of the mother. If there is no agreement between the parents, the official in charge of keeping the Birth Certificate will solve the disagreement by raffle, according to the procedure issued by the Registraduría Nacional del Estado Civil, within a term of six months from the issuance of the law. 

 If the child is not recognized by one of the parents, the surnames of the father or mother who makes the annotation of the Birth Certificate will be assigned.  Individuals who at the time the law is in force are registered with only one surname, may add a second surname to their first name.

The law foresees the possibility that the registered person, upon reaching the age of 18, may change his or her name by means of a public deed for one time only. 

Children with paternity or maternity declared by court decision, will have their surnames registered by common agreement of the parties. If there is no agreement, the surname of the father or mother who first recognized the child will be registered first, followed by the surname of the father or mother whose affiliation was declared by court ruling.  
 

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