Since the entry into force of Law 2129 of 2021, Colombia has taken a significant step forward in terms of equality and civil rights: Mothers can now place their surname first on their children’s birth certificates. The regulation, which changes a decades-old legal tradition, allows families to freely decide the order of family names, without the father’s last name having automatic priority.
This change represents an important advance in the recognition of parental equality and in the autonomy of Colombian families, while also reflecting a cultural transformation around identity and filiation.
What does Law 2129 of 2021 establish that allows mothers to place their surname first?
For years, the order of surnames in Colombia was determined by law: The father’s last name had to come first, followed by the mother’s, without exception. This provision was supported by Law 54 of 1989, which imposed that order as mandatory at the time of civil registration.
With Law 2129 of 2021, that system changed. From its implementation onward, parents may mutually agree on whether the child’s first surname will be the mother’s or the father’s. This decision is made directly at the time of birth registration before the National Civil Registry, without the need for additional judicial procedures.
The regulation has a broad scope and applies to all types of filiation, including children born within marriage, outside of marriage, and in cases of adoption. If parents fail to reach an agreement on the order of last names, the competent authority may determine it according to established criteria, always safeguarding the best interests of the child.
A legal and social impact with far-reaching effects
Eliminating the mandatory placement of the father’s surname first has an impact that goes beyond administrative matters. From a legal standpoint, the reform recognizes the role of both mother and father on equal terms in the legal identity of their children, a long-standing demand from various social sectors and women’s organizations.
In addition, the law strengthens family autonomy, as decisions about a child’s name are no longer subject to a legal imposition based on traditional criteria. Before this reform, changing the order of surnames required lengthy and costly judicial processes; today, the choice is direct and simple.
On a cultural level, the measure is seen as a step forward toward gender equality in Colombian civil legislation. It challenges a deeply rooted practice that placed greater symbolic weight on the paternal lineage and opens the door to new ways of understanding family identity.