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Possibility of name changes in the civil registry office

Possibility of name changes in the civil registry office

On June 27, 2022, Law nº 14,382 was published, instituting the Electronic System of Public Registries and amending, among others, Law No. 6,015 of 1973, also known as the Law of Public Registries.

The new legislative text intends to reduce the bureaucracy of the notary’s service and brings significant changes.

Among them is the change in the procedures for changing names and surnames in civil registry offices.

Before the publication of Law nº 14.382 of 2022, in order to change one’s name, it was necessary for the interested party to be between 18 and 19 years old and request the judge to approve the request, provided that he or she also met the criteria of exception and pertinent justification.

According to the new law, it will no longer be necessary to prove a relevant motivation, nor a court sentence, for an individual who has reached the age of majority to request a change in his or her first name.

The deadline for name changes has also been eliminated, and can be done even after the age of 19.

However, it is necessary to pay attention to the fact that the change can be made without cause only once – after that, only by court order.

In addition to the possibility of changing the name without cause, the change of surnames has also been made less bureaucratic. The law states that it will be sufficient to present the necessary certificates and documents for the change to be recorded in the birth and marriage registers, regardless of judicial authorization.

The procedure can be carried out for the inclusion or exclusion of surnames of family members, of a spouse or partner, or due to a change in filiation status.

The rule also applies to descendants, spouses or partners of the person whose status has been changed.

In order to allow sufficient time for the necessary adjustments to be made in registry offices all over the country, the law establishes that the aforementioned alterations, among others, will come into effect as of January 1, 2024.

Coauthors: Maria Luiza Duanetti and Ulisses Simões da Silva

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