Goodbye to the Civil Registry Law: now the mother will have the authority to choose that her children bear her surname

During a session of the Plenary of the Supreme Court of Justice of the Nation (SCJN), it was ruled that Yucatán’s Civil Registry Law violates the freedom of mothers and fathers by establishing restrictions that prevent compound surnames from being included in their daughters’ and sons’ names.

The ruling arose from a challenge filed by the National Human Rights Commission against Decree 747/2024, through which article 40 of this legislation was amended.

The Civil Registry Law changes: parents can now choose compound surnames for their children

According to the Supreme Court ruling, published on Wednesday, December 10 in the Official Gazette of the State (DOE), article 40 of the Civil Registry Law of the State of Yucatán was amended.

From this change onward, the right of mothers and fathers, both biological and adoptive, to register their daughters and sons with compound surnames or with more than two simple surnames belonging to the same person is formally recognized. In this way, the regulation establishes a legal framework that takes into account and respects the diversity of family naming forms provided for by current legislation.

One of the central arguments in the Action of Unconstitutionality 115/2024 holds that “this choice constitutes a personal and emotional moment, and therefore falls within the private sphere”.

What did the previous article 40 of the Civil Registry Law of Yucatán establish?

Content:

“When both parents appear before the Official to register their first daughter or son, they may choose, by mutual agreement, the order in which their child’s surnames will be placed, which will correspond (solely and exclusively) to the first or second of their surnames (with no possibility of creating compound surnames or registering more than two simple surnames from a single person).”

Before the amendment, this article stated:

The amendment to Article 40 of the Yucatán Civil Registry Law is not only a legal adjustment but also has a social reach. By allowing mothers and fathers to select compound surnames or more than two simple surnames, the diversity of family structures is recognized and the right to identity of girls, boys, and adolescents is strengthened.

A compound surname is defined as one made up of two or more words, which may be joined by a hyphen, a preposition, or the conjunction “and”.

This historic ruling sets a significant precedent not only for Yucatán, but also for all of Mexico, by redefining the interpretation of the rights of mothers and fathers and the right to identity of girls, boys, and adolescents under civil law.

Specialists in civil and family law state that this change: