Minor's Name Change and Parental Consent Requirement

Note: This content describes Brazilian notarial and registry law.

Este artigo responde

• Does changing a minor's name require the consent of both parents?
• Can one parent change the child's name alone at the registry office?
• What to do if one of the parents refuses to change the minor's name?
• What documents are required to change a minor's name?
• How much does the minor's name change procedure cost and how long does it take?

Em resumo

• The minor's name change is the act by which the civil identification of a child or adolescent is rectified or supplemented in the Registro Civil das Pessoas Naturais (RCPN — Civil Registry of Natural Persons).
• As a general rule, minor's name change and parental consent go hand in hand: the modification depends on the express agreement of both parents exercising parental authority (poder familiar).
• If one parent disagrees with the request or is in an unknown location, the child's name change cannot take place directly out of court without a judicial decision granting authorization (suprimento de consentimento).
• Consent can be presented in person at the civil registry, by public power of attorney, or via a signed instrument with a notarized signature.

Does changing a minor's name require the consent of both parents?

Changing a minor's name strictly requires the formal consent of both parents. Under the Brazilian legal system, establishing a child's given name and surname stems from the joint exercise of parental authority (poder familiar). For this reason, changing a minor's name and parental consent form an inseparable pair in out-of-court proceedings.

When you intend to add a family surname (maternal or paternal surname) or make adjustments to the child's name, the Oficial de Registro Civil das Pessoas Naturais (Civil Registrar of Natural Persons) checks whether both father and mother signed the Minor's Name Change Request. Article 1 of Lei nº 8.935/1994 (Law No. 8,935/1994 — Notarial and Registry Law) highlights that registry services are intended to provide publicity, authenticity, security, and efficacy to legal acts Lei nº 8.935/1994, art. 1º. Requiring joint consent protects the child's rights and prevents unilateral alterations without legal backing.

Specific situations exist where only one parent signs the request:

• When only one parent is listed on the birth certificate (unclaimed fatherhood or motherhood).
• When one parent has had parental authority suspended or terminated by a final judicial decision with no further appeal (sentença transitada em julgado).
• When one parent has deceased, requiring only the presentation of the original death certificate.

If both parents appear on the birth certificate and hold active parental authority, both signatures are indispensable. If you do not obtain the other parent's consent, the civil registrar will not proceed with the out-of-court procedure.

Can one parent change the child's name alone at the registry office?

No. You cannot request a change to your child's name alone at the civil registry if the other parent is also listed on the minor's birth certificate and holds full exercise of parental authority. The public registrar is legally required to refuse a unilateral request to safeguard the rights of the legally incapable minor and the balance of parental rights.

Should you decide to file the request at the civil registry, you must demonstrate that the request represents the joint will of both parents. This can be done in the following ways:

• In-person appearance: Both parents appear together before the Oficial de Registro Civil das Pessoas Naturais presenting their official identification documents.
• Statement of consent with notarized signature: The parent who does not appear in person submits a written authorization with a notarized signature (firma reconhecida por autenticidade ou por semelhança).
• Public power of attorney: The absent parent may appoint the other through a public power of attorney drafted at a tabelionato de notas (notary public office), granting specific powers to request the modification at the civil registry. Article 6 of Lei nº 8.935/1994 permits the notary public to draft this type of representation instrument Lei nº 8.935/1994, art. 6º.

To learn more about drafting this notarial instrument, you can read our detailed guide on changing given names and surnames directly at the registry office.

Without one of these legal forms of expression, attempting to alter the record unilaterally will result in immediate administrative refusal by the registry office.

What to do if one of the parents refuses to change the minor's name?

If the other parent formally refuses to sign the request, or if you do not know their current location, the administrative route before the civil registry becomes unavailable. Changing a minor's name and parental consent require prior consensus; without mutual consent, the registrar lacks decision-making authority to substitute the non-consenting parent's will.

In this scenario, you must pursue judicial action. The correct procedure is to file a lawsuit for judicial substitution of consent (ação de suprimento judicial de consentimento) or a lawsuit for civil registry rectification (ação de retificação de registro civil) before the Vara da Infância e da Juventude (Children and Youth Court) or Vara de Família (Family Court) in your municipality.

During court proceedings, the judge will assess whether changing the name serves the best interests of the minor. Points analyzed include:

• The minor's socio-emotional integration with the surname to be added.
• The absence of harm to the family name or the child's personality rights.
• The reasons presented by the mother or father refusing to sign.

If the judge rules in favor of the petition, court orders (mandado judicial de averbação) will be issued. With this formal court document in hand, you present it to the Oficial de Registro Civil das Pessoas Naturais where the birth was registered to perform the marginal entry (averbação) of the name change, without needing the non-consenting parent's signature.

If you wish to understand the procedures for correcting material errors in the civil registry without litigation, consult our guidelines on rectifying spelling errors in the civil registry.

What documents are required to change a minor's name?

To request a minor's name change with the required parental consent at the civil registry, you must gather complete documentation. Missing any certificate prevents the administrative case from being filed.

The list of essential documents includes:

• Minor's birth certificate: Recently issued document (preferably a full-form certificate — certidão de inteiro teor — or an updated copy) to verify current birth record entries.
• Parents' identification documents: Valid RG (national ID), CNH (driver's license), or passport with photo, along with CPF (taxpayer registry) records for both parents.
• Proof of residence: Recent water, electricity, or telephone bill in the parents' names.
• Signed consent form or request: Instrument in which both parents agree to the requested modification, stating the exact name the minor will adopt.
• Minor's formal consent (if 12 years of age or older): If the minor has reached 12 years of age, legislation requires that the child also explicitly consent to the change before the Civil Registrar.

If the name change involves including previously undeclared parentage, also check the rules on paternity recognition in the civil registry to align procedural steps.

You can visit the portal of the Conselho Nacional de Justiça (CNJ — National Council of Justice) or the official website of the Federal Government to check general requirements applicable to registry services in Brazil.

How much does the minor's name change procedure cost and how long does it take?

Emolument costs for processing a minor's name change and verifying parental consent do not have a fixed national fee. Notarial and registry emolument tables are established by specific state laws enacted by each state Court of Justice (Tribunal de Justiça).

Generally, costs charged by the Oficial de Registro Civil das Pessoas Naturais include:

• The fee for the administrative application and legal qualification of the request.
• The fee for making the marginal annotation (averbação) in the birth ledger.
• The issuance of the new updated birth certificate.

If the parents prove economic insufficiency under the law, they may request free registry services directly at the extrajudicial registry office.

Regarding timelines for out-of-court processing:

• Average timeframe: Administrative processing directly at the civil registry takes between 5 and 15 business days, starting from the submission of all required documents and payment of applicable emoluments.
• In court: If one parent refuses and court authorization is required, the total timeframe depends on the workload of the court division and evidentiary requirements, which may take several months.

To obtain exact fees for your region, request the current official table from the civil registry responsible for the birth record.

Step-by-step procedure to request the change at the registry office

If you and the other parent have agreed to change your child's name amicably, follow this step-by-step procedure:

• Gather complete documentation: Obtain an updated copy of the child's birth certificate, personal identification documents for both parents, and proof of residence.
• Define the exact modification: Determine whether the goal is to add an omitted paternal or maternal surname or adjust the order of family surnames.
• Appear at the Civil Registry: Go to the Oficial de Registro Civil das Pessoas Naturais where the child's birth was registered or the registry office closest to your residence.
• Sign the joint request: Complete and sign the application form in the presence of the registry clerk. If one parent cannot attend, submit their signed form with a notarized signature.
• Await registry qualification: The registrar will assess the legality of the request, compliance of documents, and absence of harm to third parties.
• Pick up the new certificate: Once the annotation is complete, you will receive the new birth certificate reflecting the updated name.

Checklist de documentos

To ensure your request is processed without administrative delays, use this checklist before heading to the civil registry:

• [ ] Original and updated birth certificate of the minor.
• [ ] Official photo ID of both parents (RG or CNH).
• [ ] CPF card of parents and child (if already issued).
• [ ] Recent proof of residence in the parents' names.
• [ ] Application for name change completed and signed by both parents.
• [ ] Minor's consent form signed in person (if the child is 12 years of age or older).
• [ ] Death certificate or judicial decree terminating parental authority (when applicable to only one parent).
• [ ] Public power of attorney with specific powers for name change (if one parent is represented by an attorney-in-fact).

Na prática

Caso 1: Addition of an omitted maternal surname to the child's record

A married couple registered their child using only the father's surname by choice at birth. Years later, both agreed that the minor should also carry the mother's surname to ensure equal treatment with siblings.

Resolution: Father and mother appeared together at the Registro Civil das Pessoas Naturais with the child's birth certificate and their photo IDs. Because changing the minor's name had the parental consent expressed by both, and the child was only 6 years old, the registrar approved the request and issued the new annotated certificate within 8 business days.

Caso 2: Divorced parents and disagreement regarding the child's name

Following a contentious divorce, the mother wanted to remove the father's surname from their 10-year-old child's record and add her maiden name. The father disagreed with altering the surname and refused to sign out-of-court authorization.

Resolution: The mother attempted to file the request alone at the civil registry, but the application was denied by the Registrar due to the absence of the other parent's consent. The mother had to initiate court proceedings through an action for rectification of civil registry. The judge reviewed the case, heard the Public Prosecutor's Office (Ministério Público), determined that removing the paternal surname entirely harmed family ties, and authorized only the addition of the maternal surname without removing the father's surname.

O que costuma dar errado

• Believing sole physical custody grants the right to change the name alone: Having sole custody (guarda unilateral) of a child does not grant authority to alter the minor's name without the other parent's consent. Custody relates to daily care and residence, whereas the name is an element of parental authority (poder familiar), retained by both parents.
• Attempting the change with a simple declaration lacking signature notarization: Submitting a handwritten paper without notarization of the absent parent's signature will lead to immediate rejection by the registry office.
• Forgetting consent from a minor over 12 years of age: If the child is 12 years of age or older, you must bring them to the registry office to sign their consent. Omitting the minor's consent prevents approval of the registry act.
• Confusing changes in the Civil Registry with drafting at a Notary Public Office: Requesting the registry change directly at a tabelionato de notas. The notarial instrument (such as a power of attorney or consent deed) is drafted at the tabelionato de notas, but the formal name modification must be annotated in the Registro Civil das Pessoas Naturais (RCPN).

Base legal

• Lei nº 8.935/1994, art. 1º — Regulates notary public and registry services to guarantee publicity, authenticity, security, and efficacy of legal acts Lei nº 8.935/1994, art. 1º (available on the Planalto Legis portal).
• Lei nº 8.935/1994, art. 6º — Establishes notary public duties regarding public deeds, powers of attorney, and formal acts representing parties Lei nº 8.935/1994, art. 6º (available on the Planalto Legis portal).
• Normative note: The core statutory rules governing name changes on birth entries (Articles 55, 56, and 57 of Lei nº 6.015/1973 — Public Registries Law) and the joint exercise of parental authority by parents (Article 1,634 of the Código Civil — Civil Code) ground this topic. Full legal texts and database normative identifiers for these provisions are not included in this article's support listing.

Perguntas frequentes

Does changing a minor's name require the consent of both parents?

Yes. Changing a minor's name and parental consent are directly tied to the exercise of parental authority (poder familiar). Any change to the given name or inclusion/exclusion of family surnames of a minor child requires formal, express authorization from both parents.

Can one parent change the child's name alone at the registry office?

No. The Civil Registrar of Natural Persons (Oficial de Registro Civil das Pessoas Naturais) will not accept a request filed unilaterally by one parent. If only one parent attends, they must submit a specific public power of attorney or a statement of consent with a notarized signature from the other parent.

What to do if one of the parents refuses to change the minor's name?

When a disagreement arises between parents, the procedure cannot be resolved directly at the out-of-court registry office. In this scenario, you must file a lawsuit for judicial substitution of parental consent before the Children and Youth Court or Family Court.

What documents are required to change a minor's name?

You must submit an updated birth certificate of the minor, official identification documents for both parents, proof of residence, and the application form signed in person or with notarized signatures by both parents.

How much does the minor's name change procedure cost and how long does it take?

Emolument fees are set by the official state fee schedule established by the Court of Justice in your state. Out of court at the civil registry, administrative processing is typically completed within an average timeframe of 5 to 15 business days after full documentation is submitted.

Next steps

If you plan to add a surname or rectify your child's name, begin by requesting a recently issued copy of their birth certificate. Next, speak with the child's other parent so that both agree on the updated terms of the child's name.

Once agreement is confirmed, contact the competent Oficial de Registro Civil das Pessoas Naturais to request administrative processing. If you need to grant a public power of attorney for representation during the registry act, visit the 5º Tabelionato de Notas do Recife to draft the appropriate notarial instrument.

Rodapé editorial

Editorial Team: Notarial and Registry Communication Division of the 5º Tabelionato de Notas do Recife

Initial publication date: September 18, 2026

Last legal review: September 18, 2026

Content version: 2.0 (PEAN Compliance)

Legal Disclaimer: This content is strictly informative and educational in nature, aimed at reducing information asymmetry for citizens. It does not replace individualized legal consultation before the competent registry office or judicial bodies for specific cases.

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