Everyone is recognized by the constitution as having the right to a name and personal identity, which are included in personality rights – Article 26, paragraph 1 of the Portuguese Constitution.
Therefore, everyone has the right to use their full or abbreviated name and to oppose third parties using it illicitly for identification or other purposes – Article 72, paragraph 1 of the Civil Code.
The legislator has also established rules for assigning the parents' names to their children, setting forth in Article 1875 of the Civil Code:
"1. The child will use the surnames of the father and mother, or just one of them.
2. The choice of the child’s first name and surname belongs to the parents; in the absence of agreement, the judge will decide in accordance with the child’s best interests."
The choice of the child’s name must comply with the rules in Article 103 of the Civil Registry Code, which also establishes:
"Surnames are chosen from those belonging to both or only one of the parents of the registrant or to whose use any of them has the right, and, in their absence, one of the names by which they are known may be chosen."
Once the name is established, the principle that applies is its immutability, meaning that the name assigned to the child cannot be freely altered.
Therefore, in order for the name in the civil registry to be changed, a SPECIAL PROCESS FOR NAME CHANGE must be initiated.
EXCEPTIONS TO THE IMMUTABILITY OF THE NAME:
Article 104, paragraph 2 of the Civil Registry Code outlines situations in which a simple expression of the individual's will is sufficient to change the name; these are true exceptions to the immutability rule:
– Changes based on the establishment of paternity, adoption, its revision or revocation, and subsequent marriage after registration;
– Changes resulting from the correction of a record;
– Changes consisting of the simple insertion or removal of connecting particles between the words that make up the name, or the addition of surnames if only the first name is in the record;
– Changes resulting from renunciation of surnames adopted through marriage and, in general, the loss of the right to the name by the registrant;
– Changes arising from the exercise of rights in Article 1876 of the Civil Code, which refers to situations where, if paternity is not established and the mother is married to someone who is not the child's father, the child may be given the surname of the mother's husband, provided this declaration of intent is unequivocally made by both parties before the civil registry official. In such cases, the child who has been given the husband's surname can request its removal from their name within two years after reaching adulthood or emancipation;
– Changes involving the mere adoption of the name initially intended by the parties when the birth record was made while awaiting a decision on its admissibility;
– Changes to the first name due to a change in gender designation.
HOW DOES THE SPECIAL PROCESS OF NAME CHANGE WORK?
The person wishing to initiate a special process for a name change must submit a request to the Registrar of the Central Registries, either directly at the Central Registry Office or by submitting a request at any Civil Registry Office.
In the initial request, the person must justify their request and provide the evidence they wish to present.
– IF THE SPECIAL PROCESS OF NAME CHANGE CONCERNS A MINOR, it must be requested by both parents or by one with the consent of the other.
– IF THE APPLICANT IS A PERSON OVER 16, they must also submit a request for a criminal record certificate.
For the name change to be processed in the special process, it must be based on just cause, as the Registrar of the Central Registries will only authorize the name change if convinced that the specific situation justifies an exception to the principle of immutability.
The Registrar of the Central Registries will analyze the case and authorize the name change only if they find a just cause that justifies the exception after reviewing the specific circumstances.
It should be emphasized that the change must not result in any harm to third parties.
NOTE:
Changing one's name should not be an impulsive act, as the name has a significant impact on a person’s personal and psychological identity. The reasons behind the name change request can be complex and have profound implications on the daily life of the person requesting the change. Therefore, careful consideration of the reasons invoked by the applicant is necessary.
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