It’s official | By government decision, no child may be registered at birth with any of these Spanish surnames

In the state of California, no baby can be officially registered with a surname or given name that contains accent marks, the letter ñ, or other diacritical marks typical of Spanish. The state law limits vital records —including birth certificates— to the 26 characters of the English alphabet, which turns surnames like Núñez, García, or Peña into accent-free versions from the moment of birth.

The restriction has been in force since 1986, when California voters approved Proposition 63, which declared English the official language of the state. From that year on, the Department of Health removed diacritical marks from all vital records. The rule directly affects the Hispanic community, which represents more than 15 million people in California.

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Which surnames and names cannot be registered in California?

The law does not ban specific surnames, but rather the characters they contain. Any name or surname that includes the following elements will be recorded without them:

Characters not allowed in California birth certificates

• Accent marks: á, é, í, ó, ú
• Letter ñ: ñ
• Umlauts: ü, ö
• Other diacritical marks typical of languages other than English

This means that a baby with the surname Martínez will be registered as Martinez, and one with the surname Muñoz, as Munoz. The change is not optional: parents cannot request exceptions when registering the birth.

What can Hispanic families do about this restriction?

For now, there is no immediate solution to the rule. In 2025, Governor Gavin Newsom signed AB 64, known as the Name Accuracy Act, which will allow diacritical marks to be recorded on the state’s vital documents. However, implementation is not expected before 2027, while counties update their systems.

Until then, families who want to preserve the correct spelling of their surnames can turn to these alternatives:

Options available while the law is not yet in force

• Use the accent-free spelling in official documents and keep the original spelling in non-governmental settings such as school or work
• Wait for AB 64 to be implemented to request correction of the birth certificate with the appropriate characters, once the system allows it
• Consult a family lawyer if the discrepancy between names on different documents creates legal or immigration issues