Dutch Civil Code

Book 1 Law of Persons and Family Law

Title 1.2 Right to a name

Article 1:5 Surname
- 1. Where a child only stands in a legal familial relationship to the mother, it has her surname. Where a child only through adoption stands in a legal familial relationship to the father, it has his surname.
- 2. Where a child through an act of recognition has come to stand in a legal familial relationship to the father, it keeps the surname of the mother, unless the mother and the person who has recognized the child declare jointly, at the time of recognition, that the child will have the surname of the father. A mark of this declaration is added to the certificate of recognition. The first two sentences apply accordingly to the act of recognition of an unborn child. The parents, however, may still at the constitution (contracting) of their marriage or their registered partnership jointly declare that their child will, as of then, have the surname of the other parent. A certificate concerning a choice of surname will be drawn up of this declaration. If a child by judicial determination of paternity has come to stand in a legal familial relationship to the father, it will keep the surname of the mother, unless the mother and the man whose paternity has been determined declare jointly, at the occasion of the judicial determination, that the child will have the surname of the father. The court’s decision with regard to the determination of paternity mentions this declaration of the parents.
- 3. Where a child through adoption has come to stand in a legal familial relationship to both adoptive parents of different sex (gender), who are married to each other, it has the surname of the father, unless the adoptive parents, at the occasion of the adoption, declare jointly that the child will have the surname of the mother. Where the adoptive parents are not married to each other or where they are of the same sex (gender) and married to each other, the child keeps the surname it already has, unless the adoptive parents declare jointly, at the occasion of the adoption, that the child will have the surname of one of them. Where a child through adoption has come to stand in a legal familial relationship to the spouse, registered partner or other life companion of its parent, it keeps its surname, unless the parent and his spouse, registered partner or other life companion declare jointly that the child will have the surname of the spouse, registered partner or other life companion or the surname of that parent. The court’s decision with regard to the adoption mentions this declaration of the adoptive parents.
- 4. Where a child through birth has come to stand in a legal familial relationship to both parents, the parents shall declare jointly prior to or at the occasion of the report of the childbirth to the Registrar of Civil Status which of their two surnames the child will have. When the declaration of the parents has been made prior to the moment on which the childbirth was reported to the Registrar of Civil Status, a certificate concerning a choice of surname will be drawn up of it. When the declaration of the parents is made at the occasion of the report of the childbirth to the Registrar of Civil Status it will be marked in the birth certificate. The first three sentences apply accordingly if a parent and its spouse or registered partner, not being a parent, by operation of law are exercising jointly or will exercise jointly parental authority over the child as meant Article 1:253sa. The declaration which is not made at the occasion of the report of the childbirth to the Registrar of Civil Status can be made in front of any Registrar.
- 5. Where a declaration concerning a choice of surname, meant in paragraph 4, is made priot to or at the occasion of the report of the childbirth to the Registrar of Civil Status the child will have the chosen surname as from birth. Where the choice of surname is not made at the latest at the occasion of reporting the childbirth, the Registrar will mark as surname for the child in its birth certificate:
a. the surname of the father in the event that the child has come to stand in a legal familial relationship to both parents through birth;
b. the surname of the mother in the event that one parent and its spouse or registered partner, not being the parent of the child, by operation of law are exercising or will exercise jointly parental authority over the child as meant Article 1:253sa.
- 6. If the mother, after the child is born, denies the paternity of the deceased spouse on the ground of Article 1:199 under point (b) and she is, at the time of birth as well as at the time of the denial, remarried, then the mother and her new spouse may, at the occasion of the denial, declare jointly which of their two surnames the child will have. A report is made of this declaration in the certificate concerning the choice of surname. If no such declaration has been made, the child shall have the surname of the father.
- 7. Where a child, at the moment on which the legal familial relationship with both parents comes to existence, is sixteen years of age or older, it may itself declare before the Registrar or a notary or, where it concerns an adaption or a judicial determination of paternity, before the court, which parent’s surname it wants to have. This declaration is marked in the certificate of recognition or mentioned in the court’s decision with regard to the adaption or the judicial determination of paternity.
- 8. A declaration of the parents referred to in paragraph 2, 3, 4 and 6 can be made only with respect to the surname of their first child. The first sentence applies accordingly where it concerns the first child over which the parent and its spouse or registered partner, not being the parent of the child, are exercising or will exercise by operation of law jointly parental authority as referred to in Article 1:253sa. Without prejudice to paragraph 7, the next children of the same parents or the next children over which the parent and its spouse or registered partner, not being the parent of the child, by operation of law will exercise jointly parental authority, will have the same surname as their first child, on the understanding that, when these next children according to their birth certificate or pursuant to law have a surname different from that of the the first child, the parents may declare that the next child in question will have the same surname as their first child. If a choice of surname has been made for a stillborn child before this child was born or at the occasion of the report of the childbirth to the Registrar of Civil Status, this choice will be marked on the certificate meant in Article 1:19i paragraph 1 and it will only apply to this specific child.
- 9. Where one of the parents has died prior to the moment on which the choice of the surname had to be made and no such choice was made, the other parent shall make a declaration with regard to the choice of the surname. The same applies if one of the parents is placed under adult guardianship ( 'curatele') due to his physical or mental condition or when a legal mentor has been appointed on his behalf.
- 10. Where the father and the mother of the child are both unknown, the Registrar marks on the birth certificate a provisional forename and a provisional surname, in expectation of the Royal Decree in which the forenames and surname of the child will be determined definitely.
- 11. If on the basis of paragraph 2 up to and including 9 a child, whose father is of noble birth, does not acquire his surname, than this nobility will not pass on to that child.
- 12. The surname of children born of a marriage which involves a member of the Royal Family is determined by Royal Decree.

Article 1:6 Proof of surname
The surname is proven irrefutably by the birth certificate with respect to everyone.

Article 1:7 Change and determination of names by the King
- 1. The surname of a person may, at his request or at the request of his legal representative, be changed by the King.
- 2. A person whose surname or forenames are unknown, may request the King to determine a surname and forename for him.
- 3. A change or determination of a surname by the King has no effect on the surname of the children of the person concerned who have reached the age of legal majority prior to the date of the King’s decision or who do not fall under the authority of the person whose name is changed or determined.
- 4. A change or determination of the surname by the King remains in force despite a later act of recognition or a judicial determination of paternity.
- 5. Rules shall be given by Order in Council with regard to the grounds for granting a change of surname, the way in which a request as meant in paragraph 1 and 2 must be made and processed and the fees chargeable for a change of surname.
- 6. If the Minister of Justice has the intention to make a proposal for a Royal Decree with the purpose of honouring a request as meant in paragraph 1 or 2, he will notify this intention in writing to the applicant and the person for whom a change or determination of a surname has been requested and, if the request is related to the surname of a person who has not yet reached the age of legal majority, to the parents and the person from whom the minor's surname, of which a change is sought, is derived originally.
- 7. The Minister of Justice will within twenty weeks notify this intention in writing.

Article 1:8 Using someone else’s name without his permission
A person who uses someone else’s name without his permission, commits a tortious act against that other person if he thereby creates the appearance to be this other person or to belong to his dynasty, family or next of kin.

Article 1:9 Use of the surname of the spouse or registered partner
- 1. A woman who is married or whose partnership is registered is always entitled to use only the surname of her spouse or registered partner or to use his surname in connection with her own surname, either by placing it before or after her own surname. The same applies to a woman who has been married or whose partnership has been registered and who, after the end of that marriage or registered partnership, has not remarried or entered into a new registered partnership.
- 2. Where the marriage has been dissolved by virtue of a divorce and there are no living descendants who were born from this marriage or where the registered partnership has been terminated in the way meant in Article 1:80c, under point (c) or (d), the court may, at the request of the former spouse or former registered partner, deprive the woman of her right to use or to continue to use the surname of her former spouse or former registered partner as granted to her under paragraph 1, provided that there are sound reasons for such a deprivation.
- 3. Paragraph 1 and 2 apply accordingly to the man who is or has been married or whose partnership is or has been registered and who, after the marriage or registered partnership has ended, has not remarried or entered into a new registered partnership.