In Guatemala, any person can change their given name and even their surnames (paternal and/or maternal), taking into consideration that a judicial or notarial process must first be formalized for proper authorization.
Changing one's given name is something that is commonly done, as in many cases people do not like the names chosen for them by their parents and that were registered with the National Registry of Persons.
According to the legal encyclopedia, the name is“the set of words, the first optional and the others by filiation, by which a natural person is individualized and identified by the State and in society.”; and as for the surname, it defines it as “A word used to distinguish members of the same family or individuals who share an identical patronymic.”
In our legislation, specifically in Article 4 of the Civil Code, Decree Law No. 106, the following is established, in relation to the name “The individual identifies with the name with which their birth is registered in the National Registry of Persons (RENAP), which consists of Proper noun and of Last name of their married parents, or of their unmarried parents who have recognized them. Children of a single mother will be registered with her surnames.”
Therefore, to be able to carry out the change of first name or last name in Guatemala notarially, the following aspects must be taken into consideration:
- Go to a Notary, who will prepare a deed in which the interested party states the reason why they wish to change their name, and will provide the full name they wish to adopt. In addition to presenting their birth certificate, issued by the National Registry of Persons, as documentary proof.
- After the authorization of said notarial deed, the first resolution will be drawn up, granting the procedure for the name change.
- If testimonial evidence was offered in the notarial deed, an order shall be issued for the reception of said evidence.
- The Notary shall order the publication of an edict in the Official Gazette and in another newspaper of wider circulation, three times over 30 days. Said edict shall express the full name of the applicant, the name they wish to adopt, as well as the warning that an objection may arise from any third party who considers themselves harmed by the change of name.
- After the publications have been made, the aforementioned period has elapsed, the information has been received, and the 10-day period since the last publication has expired without any objection, the notary will record the name change in the final resolution. This resolution will order that one more edict be published and that the National Registry of Persons be notified.
- It will be published once in the Official Gazette, stating that a person's name change has been approved.
- Finally, a certified copy of the order is issued in duplicate to be delivered to the National Registry of Persons for the corresponding annotation.
If there is opposition in the process, the procedure becomes judicial, and for this purpose, the notary will send the file to the competent court so that it may hear the third party who considers themselves prejudiced by the name change, and then rule whether or not said name change is appropriate. This resolution issued by the judge is appealable.
