How Spanish surnames work for you and your children

Key rules

• Order: Parents agree the order of the child's two surnames before first registration; otherwise the officer decides.
• Later children: The order fixed for your first child applies to all later children of the same parents.
• Foreign parents: A child of foreign parents born in Spain takes surnames under the parents' national law.
• Minors over 12: Reversing a minor's surname order needs the child's consent if they are over 12.

How the two-surname system works

Under Spanish rules, a child has two surnames: the first surname of each parent. Spanish people do not pass on a single family name.

The parents choose the order by agreement, before the child is first registered at the Registro Civil. If you do not agree, or give no order, the Registro Civil officer sets the order based on the child's best interests. If only one parent is known, the child takes that parent's surname twice, or in the form that parent chooses.

Once the order is fixed for your first child, it applies to all later children of the same parents. Choose carefully the first time.

If you are foreign parents with a child born in Spain

Your child's surnames follow the law of your nationality, not the Spanish two-surname rule. A person's surname is governed by their nationality. The Registro Civil records the surnames as that law sets them. It may ask you for a certificate of your national law on surnames, so ask your consulate how to get one.

Spanish rules apply instead if the child is born in Spain with no nationality, or if the child acquires Spanish nationality. How this works in practice depends on your nationality and the officer, so ask the Registro Civil before you register the birth.

You can also ask to adapt your own surnames to the Spanish system. This is open to foreign nationals.

How surnames can change

There are several routes. The checklist below walks you through the steps.

• Reverse the order of your two surnames. An adult can ask for this at the Registro Civil. Parents can ask for it for a minor. If the minor is over 12, you need their consent. A person who has reached adulthood can also ask to change the order set at birth.
• Change for just cause at the Registro Civil. This suits cases like removing an unfamiliar or hurtful form, or using the form you habitually use. You must prove that use, and the change must not harm anyone else.
• Exceptional change through the Ministry of Justice. This is for cases the routes above do not cover. You need evidence that the name is used publicly and that you have a legitimate interest.
• Special procedure for victims of gender-based violence. It also covers their children. Ask the Registro Civil about it.

You file at the Registro Civil of your domicile, or with the Ministry of Justice for the exceptional route. Fees are generally not charged for registry procedures.

If you disagree with the other parent about the order, you can ask the officer or a court to review it.

The decision, documents and FAQ below cover choosing between options and what to bring.

Choosing between options

How will the order of your child's two surnames be set?

• Agree the order together: You and the other parent agree on the order before the first registration; this is the usual route.

Each parent's first surname is used, and the order is fixed at the first child's registration.

Documents you need

• Certificate of your national law on surnames, which the Registro Civil may ask for when a child of foreign parents is registered in Spain.

• Proof that you habitually use the surname form you want, needed for a change for just cause at the Registro Civil.

• Evidence of public use of the name and of your legitimate interest, needed for an exceptional change through the Ministry of Justice.

Checklist

• Decide which route fits: reversing the order of your two surnames, a change for just cause, or an exceptional change through the Ministry of Justice.

• Gather proof that you habitually use the surname form you want, if you are asking for a change for just cause.

• Ask your child for consent before filing if you are changing the order of surnames for a minor over 12.

• Ask the Registro Civil about the special procedure if you or your children are victims of gender-based violence.

Frequently asked questions

Does my child born in Spain get two Spanish-style surnames if we are foreigners?

No, a child of foreign parents born in Spain normally takes surnames under the parents' own national law, not the Spanish two-surname rule. The Registro Civil records the surnames that law gives.

Can I change the order of my own two surnames as an adult?

Yes, once you are an adult you can ask the Registro Civil to reverse the order of your two surnames. For a minor, the parents make the request, and a child over 12 must also agree.

Can a foreign national adapt their surnames to the Spanish system?

Yes, foreign nationals can ask to adapt their surnames to Spanish rules by making a request. This is useful if you want your surnames to follow the Spanish two-surname pattern in Spanish records.