The Provincial Court of Palma has confirmed the sentence of a Court of First Instance that estimated the demand that a biological father filed with the intention that his daughter, with which he has not had a relationship in his six years of life, he was registered with his last name.
The mother, on the contrary, He argued that the child should maintain their current surnames, Those and her husband -who died during the judicial procedure-, arguing that it was to preserve their right to personality and image.
Now, in a sentence, the fourth section of the Hearing dismissed the appeal filed by the woman against the decision of the Court of First Instance number 18 of Palma And he gives the father reason again.
The magistrates remember that the child was born in 2018, but it was not until January 2021 when the paternity demand was filed, that is, three years later. That way, they conclude, The girl is now six years old “without having any relationship with her father.”
In his argument, they cite a judgment of the Supreme Court on a similar case in which it was justified that the best interests of the minor resolved to maintain as First surname that of the biological father and as second that of the mother. “However, in the present case we are not faced with a simple controversy for change of order of the surnames, but does not register the surname of the biological father,” the magistrates clarify.
Although the father claimed paternity when the child was just over two years, they expose, this circumstance is not enough to consider that the girl’s interest advises to maintain the surname of her mother’s husband.
This, they add, has not been requested that it be even the consent of their descendants, so it is only possible Dismiss the appeal presented by the woman.
The sentence is not firm and the parties may present a appeal before the Civil Chamber of the Superior Court of Justice of Balearic Islands (TSJIB).
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