The right to a name is a personal right regulated by the personal law of the individual it pertains to (articles 25, 27 nº1, 31 nº1, and 72 of the Civil Registration Code). The name fixed in the birth certificate is based on stability (section 1 of article 104 of the Civil Registration Code) – a principle that, in addition to the interests of the individual, aims to protect public order values and interests.
However, the law recognizes the possibility for each spouse, by marriage, to change their name by adopting the other's surname, adding them or inserting them, respecting the qualitative and quantitative limitations expressly stated in article 1677 of the Civil Code.
Thus, when two people marry, they have the option of changing or not changing their names. The spouse who decides to add the other's surname must keep their own surnames, only being able to add the other's surnames, with a maximum of two.
This right is granted to both men and women, meaning both may or may not adopt the other's surname, with no distinction between them.
The spouse must express this intention at the time of marriage, although they can do so later through a request to the civil registry office.
In the event of divorce, the added surname may only be retained if the ex-spouse consents or if there is a judicial decision determining this, considering the reasons presented (article 1677-B of the Civil Code and article 104 nº6 of the Civil Registration Code). The surname will be lost if nothing is done or decided otherwise.
A person who retains the surname of the other spouse can keep it even if they marry again, provided they declare this intention before entering into a new marriage, as sometimes happens in the case of second marriages after widowhood – according to article 1677 nº2 of the Civil Code.
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