Despite that debate social environment to the Bill of equal marriage, which the Senate approved today is given environment the legitimization of union between partners of the same sex, in criminal and civil warn of another center of controversy. Law experts consulted by the observer noted enabling couples to set the order of the surnames of their children to generate problems both at the level of the criminal identification of persons as in inheritance matters, since it will be difficult to verify the relationships of kin.
The civil prosecutor Enrique Viana told El Observador that regulations will generate "problems" to the police and judges for the identification of persons. One of the aspects that most worries lawyers from indistinct name order is the way of verifying data are and the linkages between people.
"All these changes are going to affect the identification of persons with the aggravating circumstance that criminal files will create problems", said.
"In the inheritance aspects also have problems because it will be much more difficult the identification of persons to determine if it is a child or grandchild of this or that person", added Viana.
Reported, in the courts located in the border of the city of Rivera with Brazil these problems at the time of defining legacies are frequent. It is that it governs a system where the surname of people is that of the mother in Brazil, so when there are men who have children from both sides of the border difficulties arise at the moment of check kin to determine inheritance.
Professor in law of family of the University Catholic, Mabel Rivero, also warned about the complications that will bring the rules to determine inheritance. "You can bring difficulties for example inheritance when at the end of the year is difficult to distinguish who is a relative of who to the extent in which may have changed the surnames according to whatever the parents".
The lawyer added that in criminal matters may arise "difficulties" in relation to the identification of persons, although he said that they will not be "irreparable".
Following the middle passage that gave deputies in December, the Senate today approved bill allowing marriage between persons of the same sex. In addition to the votes of the broad front, there will be opposition from opposition members that will accompany the initiative (see). The initiative will return to members for ratification, since the Senate introduced amendments.
In addition to the views of legal experts, in the field of the social sciences is also warn difficulties on the question of the order of the surnames.
Political scientist Oscar Botinelli said that allowing alternate surnames "disappears the identification of the parents as to the gender of each". He said that with these changes "liquefy family identification" and the practical utility of the surnames, which is to establish relations of kinship is lost.