El orden de los apellidos en los supuestos de filiación determinada judicialmente. el superior interés del menor

Resum

According to the legislation still in force —and until the entry into force of the new Act on Civil registration— the order of the surnames of the child is determined by the will of the parents. In the absence of agreement, the first surname will be the first surname of the father and the second, the first surname of the mother. This regime clashes with the constitutional principle of equality and non-discrimination on grounds of sex. In the new law —still not in force— in the event of disagreement, the judge will decide on grounds of the best interest of the minor. Being so, this regime had also been applied by our courts in cases of paternal filiation declared judicially. However, the Tribunal Supremo (Supreme Court) has carried out in three judgments a corrective interpretation of this legal regime and understands that the order of surnames should be the most convenient according to the superior interest of the minor.