How to Change your Name in Brazil

by kalyani10

A name is one of the primary markers of an individual’s identity. In legal terms a birth name is the one given to a person by his/her parents or guardian while the surname indicates his/her father’s or family’s name. Both are usually mentioned in an individual’s birth certificate. Sometimes though a person may wish to adopt a new name or alter an existing one to mark a change in marital, religious, cultural or personal identity. If you are in Brazil and planning something on these lines, here is what you should know.

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Countries with a history of British colonial past like Australia and Hong Kong usually fall under common law jurisdiction where change of name is relatively more flexible. The civil law followed by other countries on the other hand tend to impose greater government or bureaucratic control over the change of name process. Brazil belongs to the latter kind where names cannot be changed easily and are subject to government approval. According to the Brazilian Civil Code and public registry act, the name given at birth is definitive and immutable. However you may be allowed to petition for a change of name only under certain conditions. These are:

  • If your present name contains an obvious writing error which was made while registering your name as a child.
  • In case you are recognized publicly by another name, you can request a name change or addition by bringing three testimonials that can prove your position.
  • In case you have been legally adopted
  • If your name exposes you to ridicule and goes against your well being in everyday life.


In case of sex change, you may be allowed to legally modify your name at the discretion of the concerned authorities; but in practice, people who have undergone a sex change make use of the last condition while applying for a name change since their previous name (male or female) does not conform with the new physical situation and could expose these persons to ridicule.



Even if you possess any of the above valid reasons for change of name, you can apply for the process only after you attain the age of maturity which in Brazil is eighteen. Even more importantly you can apply only to change your first name since modification of surnames is not allowed. In Brazil, the principle of unchangeability of the forename is based upon Art. 58 Civil Registration Act1.

Among the documents which you may be required to produce when applying for a change of name is proof of your Brazilian citizenship. A Brazilian birth or marriage certificate, a Brazilian identification card, a Brazilian military document, and/or any other documents deemed necessary by the concerned authority.

If you wish to change your last name after marriage and take on the name of your spouse, the Brazilian government allows you to record the change on your passport2. For this you will have to show the Marriage Certificate indicating your married name.  If the certificate is not from Brazil, the marriage must be previously registered at a Brazilian Consulate.  However if you cannot provide a Marriage Certificate indicating your new married name, the last name on the new passport will continue to be the name on the previous passport or birth certificate.

Reference:

The International Journal of Transgenderism:

  1. Legal Aspects of Transsexualism in Brazilian Law - A Privat Law Approach
     
  2. Consulate General of Brazil: Brazilian Passport

 

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