The Civil Chamber of the Supreme Court (TS) has admitted for processing the appeal of a mother from northern Tenerife who requests that her son, born out of wedlock, bear her surname first and then the father's, following unfavorable rulings from the Court of Icod de los Vinos and the Provincial Court of Santa Cruz de Tenerife.
The Court of First Instance of Icod de los Vinos ruled in favor of the father when he opposed modifying the minor's registered filiation, which lists the paternal surname first and the maternal surname second.
The mother subsequently appealed to the Provincial Court of Santa Cruz de Tenerife to request a change in the order of surnames, as she disagreed with the current one, although, according to the judicial ruling, she did not present a specific reason beyond that request.
The Provincial Court upheld the first-instance ruling by recalling that an appeal does not constitute a new trial nor does it allow for the resolution of issues different from those already analyzed by the court.
In its ruling, the court stated that when filiation is determined by both parents, they can jointly decide the order of surnames at the time of registration in the Civil Registry.
It adds that when such an agreement is not reached at the time of registration, the legislation in force at the time of the events must be applied, according to which the minor is registered with the father's surname first and the mother's second.
Disagreeing with that decision, the mother filed a cassation appeal with the Supreme Court, which has decided to admit it for processing, recognizing that the matter presents jurisprudential interest for the formation of case law.