Your child's two surnames (apellidos) and naming choices

Key rules

• Two surnames: Your child gets the first surname of each parent, in an order you both agree before registering.
• No agreement: If you cannot agree, the Registro Civil decides in the child's interest, not automatically father first.
• Registration deadline: Register the birth within 10 days, extendable to 30 days with justification.
• Nationality: The child's nationality decides which country's naming law applies.
• Changing order: The order of surnames can be changed only once.

The short version

Your child will have two surnames: the first surname of each parent. You and the other parent agree the order before you register the birth. Decide it early, because the choice is hard to undo and it also applies to your later children.

How the two surnames work

Every person in Spain carries two surnames. Until 2017 the father's surname came first by default. That is no longer the case.

• Both parents agree the order, and the registry records it.
• If you do not agree, or no choice is made, the Registro Civil decides, placing the order by the child's interest. It is not automatically the father's surname first.
• The order you choose for your first child applies to later children of the same parents.
• If only one parent is known, that parent's surname can be used for both.

When one parent is foreign

A person's name follows the law of their nationality. So the result depends on your child's nationality:

• A child with Spanish nationality follows Spanish law, so the two-surname rule applies.
• A child with only a foreign nationality follows the foreign law.
• A child with dual nationality is treated as Spanish in Spain.

Parents can also ask for the surnames to follow the national law of the foreign parent. Within the EU, the right to keep family name continuity across countries is protected. Ask the Registro Civil which law applies to your child before you register.

Registering the birth

You register the birth at the Registro Civil within 10 days of birth. With justification, this can be extended to 30 days. The hospital usually sends the medical birth certificate to the registry electronically. You then complete the declaration online or in person. The timeline and documents below cover the steps and papers, including what foreign parents may need to legalise and translate.

If you are not married, both parents sign or recognise paternity. This is also where you state the agreed surname order.

Choosing the first name

You can choose any first name, including a foreign one, and in any official language of Spain. The registry can refuse a name that is contrary to the person's dignity, that objectively harms them, or that makes identification confusing. For example, it can refuse a name identical to a living sibling's. If it refuses, you can appeal to the Dirección General de Seguridad Jurídica y Fe Pública.

The standard form allows two simple names or one compound name. Many registries accept longer forms, so ask yours.

Avoiding mismatches between documents

Many countries use a single family name. A foreign passport may show only one surname, a different order, or treat the second surname as a middle name. Short form fields can also cut off long Spanish names. Then tickets, visas and bank records may not match the passport.

To avoid problems:

• Use the same form of the name on every document.
• Check that the foreign passport lists both surnames as they appear on the Spanish birth certificate.
• Ask the consulate to copy the Spanish registration as it stands.
• If the other country needs proof, ask for a multilingual birth certificate or an apostilled one. Add a sworn translation if required.
• Carry the birth certificate when names differ. The Spanish authorities can issue a certificate showing that the names are equivalent.

Practice varies by consulate, so confirm with yours.

Changing names later

The order of the two surnames can be changed once. Both parents must agree while the child is a minor. The child can ask for a change of order on reaching adulthood. A further change needs a different procedure.

Changing the surnames themselves is harder. It needs an application to the Ministry of Justice and a justification, such as long-established use of another name. It is not granted freely. A foreign national's surnames usually follow their own national law.

Timeline and deadlines

• Agree the order of the surnames and gather identity documents: before the birth is registered

• Register later with a justification if you cannot meet the first deadline: up to 30 days after birth

• Collect the birth certificate and the Libro de Familia: after registration

• Register the child with Social Security, get a health card and apply for a passport: after you have the birth certificate

Documents you need

• Identity documents for both parents: a DNI, NIE or valid passport. Foreign parents present a valid passport or NIE.

• The medical birth certificate, which the hospital usually sends to the registry electronically.

• The marriage certificate or the Libro de Familia (Spain's family record book), if you have one.

• Civil status documents from abroad, which foreign parents may need legalised and translated.

• A multilingual (international form) birth certificate or an apostilled one, if the other country needs proof of the Spanish registration.

Checklist

• Agree the order of the two surnames with the other parent before registering.

• Confirm with the Registro Civil which country's naming law applies to your child's nationality.

• Check that your chosen first name is not one the registry could refuse.

• Ask the Registro Civil which documents the foreign parent must legalise and translate.

• Ask for the Spanish birth certificate in a multilingual form if another country needs it.

• Ask the Registro Civil about the process for changing the order of surnames, if you may want that later.

What to watch out for

• Names that differ between documents: Foreign passports may show one surname, a different order, or cut the second surname. Tickets, visas and bank records can then differ from the passport. Use the same form of the name on every document, check that the passport lists both surnames, and carry the birth certificate. If needed, ask for a certificate showing the equivalence of names.

• Order of surnames can be changed only once: After registration, the order can be changed only once, and it needs both parents' agreement while the child is a minor. Settle the order with the other parent before you register.

• Changing the surnames themselves is hard: Changing the surnames, not just the order, needs a file with the Ministry of Justice and a justification such as habitual use. It is not granted freely. Choose carefully at registration rather than planning to change later.

• The registry can refuse a first name: The registry can refuse a name that harms the person, or that causes confusion, such as a sibling's living name. Pick an alternative, or appeal to the Dirección General de Seguridad Jurídica y Fe Pública if you disagree.

Frequently asked questions

Can we change the order of our child's surnames after registration?

Yes, you can change the order once, by asking the Registro Civil with both parents' agreement while the child is a minor.

Does a later child have to carry the same surname order as the first?

Yes, the order set for the eldest child applies to later children of the same parents. Agree the order carefully the first time, because it carries over to your other children.

Can we give our child a foreign first name in Spain?

Yes, foreign first names are allowed, and you can also choose a name in any official language of Spain. The registry can refuse a name that harms the person or causes confusion, such as a sibling's living name. If refused, you can appeal.

Will my child's foreign passport show both Spanish surnames?

Not always, because many countries use one family name and may cut the second surname or treat it as a middle name.