Mother of woman seeking to remove her name from birth certificate summoned for questioning
The mother of Heloísa Rodrigues, a 28-year-old woman seeking to have her mother's name removed from her birth certificate, has been summoned and will provide testimony. This follows Heloísa's report of domestic violence, statutory rape, and stalking against her mother, Patrícia Alves Duque. Heloísa has been pursuing legal action since 2024 to remove her mother's name, alleging years of abuse during her childhood, including physical assaults and being forced into sexual acts with multiple men for money.
Despite a restraining order being issued, locating Patrícia Alves Duque for questioning proved difficult, with investigations involving intelligence systems and multiple judicial orders to find her. A preliminary court ruling in December 2025 authorized the removal of the maternal surname but denied the request to erase the maternal filiation entirely, citing the principle that maternity is biologically certain. The judge suggested that psychological trauma should be addressed through therapy rather than civil record changes. Heloísa's defense has appealed this decision, arguing for the daughter's protection from the lasting impact of her mother's alleged actions. Patrícia Alves Duque has denied the accusations, claiming Heloísa fabricated the stories to live with her father, but stated she does not oppose her daughter's request to remove her name from documents.
This case highlights the complex interplay between legal frameworks, personal trauma, and the evolving understanding of identity and familial relationships. The legal system's adherence to traditional principles of biological certainty in civil registration, as seen in the initial ruling, may conflict with modern psychological insights and the need for individual autonomy and healing. The protracted investigation and difficulty in serving legal notices suggest systemic challenges in ensuring timely justice, particularly in cases involving alleged abuse and parental estrangement. Future legal and societal considerations may need to balance established civil law with therapeutic jurisprudence, exploring mechanisms for civil disaffiliation when supported by psychological evidence and individual well-being, while carefully guarding against misuse.
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