After a long legal fight, the woman was able to change the baby’s name and file an appeal so that her daughter never finds out that her father gave her that name
A Brazilian mother went to court to sue her daughter’s father for registering the minor under a different name than the one agreed upon. According to Fernanda, her daughter’s first name is inspired by the contraceptive she used when she became pregnant.
«He registered his name alone, without my consent. I knew it was the name of my contraceptive», says the mother to BBC News Brazil.
THE NAME INSPIRED BY A CONTRACEPTIVE
Fernanda and Renato began their romance when they both lived in Sao Paulo. In reality, they never made their relationship official and the woman defines it as a «colorful friendship.»
Certainly, the woman never stopped taking her contraceptive treatment. Her goal was not to be a mother at 23, so she was very strict with her medication.
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However, the method failed and she became pregnant. A feeling of discomfort made her go to the doctor, where they told her that she was expecting a baby. By that time, Fernanda no longer had contact with Renato.
«I got sick at work a few times. I went to the doctor, after some tests I discovered that I was six months pregnant», she recalled.
Contrary to what many believe, cases like Fernanda’s are very common. At least 1% of women on contraceptive treatment can become pregnant.
«I told the doctor that I was taking the right contraceptive, every day at the same time. But he explained to me that the drug has a 99% chance of preventing pregnancy», she said.
Fernanda contacted Renato and the man was receptive to the news, at first. They maintained a friendship and in one of their meetings they discussed the name that their daughter would have when she was born. Subject suggested one that the woman found offensive.
«I told him that we would choose together. He suggested the name ‘Diane’ and I said no because it was the same name as the contraceptive I was taking. And he knew it. I realized that it was a way to affect me,» she added.
THE REGISTRATION OF THE NAME
Fernanda thought that the issue had been left behind. However, everything changed when she realized that Renato had registered the little girl with the name of the contraceptive she used.
After this, the woman complained to him but the man refused to correct the little girl’s name. The debate had to be resolved in court.
«I wanted to go with him to register, but he left alone without my consent. After registering, he took my daughter’s certificate to my house, when my mother saw it, I told her that I would fight over the name, but she said that I would comply», she recalls.
Fernanda went to the São Paulo Ombudsman’s Office to change her daughter’s name. There, she was advised and filed a lawsuit, in which it is established that the girl should never know the reasons why her father gave her the name of a contraceptive.
However, the process of changing the girl’s name was denied several times. The case was complex because it dealt with a minor.
Another aggravating factor in this case is that there was no way to prove that the man had acted in bad faith when he named his daughter.
However, the court made a decision and authorized the change of the girl’s name. The angle to make the decision was due to the name of the contraceptive, but because Renato did not respect the name previously agreed between him and Fernanda.
The subject’s defense does not plan to file an appeal. After the time limit for filing this appeal, the court must authorize the change of the minor’s name.
