Rules for Registering a Child's Name in Brazil

Which law applies

The rules are in Lei nº 6.015, of December 31, 1973, the Lei de Registros Públicos (Public Records Law). The articles on names (arts. 55 to 57) received their current wording through Lei nº 14.382, of June 27, 2022. Day-to-day practice at the *cartórios* also follows the Código Nacional de Normas do Foro Extrajudicial, created by Provimento nº 149/2023 of the Corregedoria Nacional de Justiça (CNJ, the National Internal Oversight Office of the judiciary). A chapter on names was added to that code by Provimento nº 153, of September 26, 2023. This guide summarizes those texts and does not replace the advice of the *cartório* in a specific case.

Deadline, place and who makes the declaration

1. 1

   1. Where to register

   At the *cartório* of the place where the birth occurred or of the parents' residence (art. 50).

2. 2

   2. How long you have

   Within 15 days. The deadline is extended by up to three months for places more than 30 kilometers from the seat of the *cartório* (art. 50).

3. 3

   3. Who declares

   The father or the mother, alone or together. If one of them is absent or unable, the other makes the declaration and has the deadline extended by 45 days (art. 52, items 1 and 2).

4. 4

   4. If the parents are absent

   The law follows an order: the closest relative who is of legal age and present; the hospital administrators, or the doctors and midwives who attended the birth; a trustworthy person from the house where the birth took place, if it was outside the mother's residence; and, lastly, the people in charge of the child's custody (art. 52, items 3 to 6).

Given name and surnames

The law says that every person has the right to a name, made up of a *prenome* (given name) and a surname, and that the surnames of the parents or of their ancestors are added to the *prenome*, in any order. If the surname of an ancestor is included that does not appear in the certificates presented, the certificates proving that family line must be brought (art. 55). The Código Nacional de Normas adds that the *prenome* is freely chosen by the parents and that the name must contain the surname of at least one ancestor, of any degree and from either line (art. 515-B, § 1º). When the person declaring does not give the full name, the registrar places after the *prenome* at least one surname from each parent, in the order the registrar judges best to avoid people having identical names (art. 55, § 2º). The registrar also advises the family on adding surnames to avoid identical names (art. 55, § 3º). Particles such as “de”, “da” or “dos” may be added or removed, at the discretion of the person declaring (art. 515-B, § 6º, of the Código Nacional de Normas).

Repeated names in the family

Twins who would have the same *prenome* must be registered with a double *prenome* or with a different full name, so that they can be told apart; the same rule applies to siblings who are to be given the same *prenome* (art. 63 and sole paragraph). And, if the chosen name is identical to that of another family member, the Código Nacional de Normas makes it mandatory to add an *agnome* (a suffix such as *Filho* or *Júnior*) at the end of the name (art. 515-B, § 7º). The guide on compound names and agnomes explains this point.

When the registrar refuses a given name

The civil registrar does not record *prenomes* “likely to expose their bearers to ridicule” (art. 55, § 1º). The law does not contain a list of prohibited names: that is the criterion. If the parents do not agree with the refusal, the registrar submits the matter in writing to the competent judge, and this referral carries no fee. Under the Código Nacional de Normas, the registrar must inform the judge of any reasons the family gave for choosing the *prenome* (art. 515-B, §§ 2º and 3º).

Fifteen days to contest the name

Within 15 days after registration, either parent may file, at the *cartório* where the birth was registered, a reasoned objection to the *prenome* and surnames given by the person who made the declaration. If both parents agree, the record is corrected by administrative rectification, at the *cartório* itself; if there is no agreement, the objection goes to the judge (art. 55, § 4º). The Código Nacional de Normas asks that the objection state the replacement name and the reasons for the change, and says that this rectification is subject to fees, because it does not involve an error by the registrar (art. 515-C).

Changing the name later

• Given name, after age 18

  After reaching civil majority, a person may request in person, without having to give a reason and without a court decision, a change of *prenome* (art. 56). This unreasoned change at the *cartório* can be made only once, and undoing it requires a court judgment (art. 56, § 1º). The person may change the *prenome* in whole or in part, and add, remove or reverse elements (art. 515-D of the Código Nacional de Normas).

• What is recorded

  The annotation must include the previous *prenome* and the numbers of the identity document, CPF (taxpayer ID), passport and voter registration card (art. 56, § 2º). The *cartório* notifies the agencies that issue these documents and the Superior Electoral Court (art. 56, § 3º). If fraud, forgery, bad faith, defect of consent or simulation is suspected, the registrar refuses the request, with a stated reason (art. 56, § 4º).

• Surnames

  A later change of surnames can also be requested directly at the *cartório*, without court authorization, to add family surnames, add or remove a spouse's surname, remove an ex-spouse's surname or follow changes in parentage (art. 57). A stepchild, with a justifiable reason and with the agreement of the stepfather or stepmother, may add that person's surname (art. 57, § 8º).

• Well-known public nickname

  The law says the *prenome* is final, but allows its replacement by well-known public nicknames (art. 58).

Summary table

Frequently asked questions