Dutch Civil Code

Book 10 Private International Law

Title 10.2 Name

Article 10:18 Implementation of the Munich Convention on Names
The present Title (Title 10.2) implements also the Convention on the Law Applicable to Surnames and Forenames concluded at Munich on 5 September 1980 (Treaty Series 1981, 72).

Article 10:19 Applicable law for the determination of the names of an alien (foreigner)
- 1. The surname and forenames of an alien (foreigner) shall be determined by the law of the State of his nationality. The law of that State includes the rules of private international law of that State. For this purpose exclusively, the situations on which surnames and forenames depend shall be assessed in accordance with the law of that State.
- 2. When an alien (foreigner) has more than one nationality, the law of the State of which he has the nationality and with which he, taken all circumstances into account, is most closely connected, shall be applicable.

Article 10:20 Applicable law for the determination of the names of a person of Dutch nationality
The surname and the forenames of a person of Dutch nationality shall be determined, regardless whether he has another nationality as well, by Dutch law. This will even be the case when foreign law is applicable to the familial relationship and the existence or ending of that relationship may have effect on the surname.

Article 10:21 Additional mark in the birth certificate of a person with more than one nationality
A person who possesses more than one nationality, may request the Registrar of Civil Status to add a later mark to his birth certificate of the name that is used by him in accordance with the law of one of the States of which he has the nationality, but which law has not been applied.

Article 10:22 Applicable law in case of a change of nationality
- 1. In case of a change of nationality, the law of the State of the new nationality shall apply, including the rules of law of that State concerning the effects of the change of nationality on names.
- 2. When an alien (foreigner) obtains the Dutch nationality, this shall not result in a change of his surname or forename(s), except where it concerns the provisions of Article 10:25, under (b), or the provisions of Article 6, paragraph 5, and Article 12 of the Dutch Nationality Act (also known as Dutch Citizenship Act)

Article 10:23 Application of Dutch law when it is impossible to determine the foreign law applicable
- 1. If the Registrar of Civil Status, when drawing up a certificate in which the surname and forename(s) of an alien (foreigner) must be inserted, applies Dutch law because he is unable to establish the contents of the law which is applicable to the determination (assessment) of these names, he shall report his decision without delay to the public prosecutor at the District Court within the territory of which the certificate is registered in the Registers of Civil Status.
- 2. A certificate drawn up in the way meant in the previous paragraph may, upon the request of any interested person or of the Public Prosecution Service, be corrected under the application of Article 1:24. Such a request of an interested person shall be dealt with free of charge under application of the Legal Aid Act.

Article 10:24 Recognition of names and a change of name established outside the Netherlands
- 1. When the surname or forenames of a person have been recorded at the occasion of a birth outside the Netherlands or have been changed as a result of a change made in the civil status outside the Netherlands, and the surname or forenames have been laid down in a certificate drawn up for this purpose by a competent authority in accordance with local regulations, then such recorded or changed surname or forenames shall be recognized in the Netherlands. Such recognition cannot be refused as being incompatible with public order on the sole ground that another law has been applied than the law that would have been applicable pursuant to the provisions of the Dutch Civil Code.
- 2. The provisions of paragraph 1 shall not affect the application of Article 10:25.

Article 10:25 Determination of names of a child that has the Dutch nationality (choice of name)
- 1. For the purpose of Article 1:5 the following rules have to be observed:
a. when a child has been legally recognized or legitimated outside the Netherlands, and as a result thereof has entered into a legal familial relationship to its father and, due to that, it obtained or retained (kept) the Dutch nationality, whereas the surname of that child, after this recognition or legitimation, has not yet been determined on the basis of Article 1:5, paragraph 2, then the mother and the person who has recognized the child may still jointly declare, up until two years after the recognition or legitimation, which of their two surnames the child will have. Where the child, at the time of recognition or legitimation, has reached the age of sixteen years, it may, up until two years after the recognition or legitimation, still declare itself whether it wants to have the surname of its father or its mother.
b. if a minor child, that is legally recognized by a person of Dutch nationality or that has become, without such recognition, by legitimation the child of a person of Dutch nationality, has obtained by option (choice) Dutch nationality, while at the time that this option is exercised it stands into a legal familial relationship to both of its parents, then its parents may declare jointly, at the occasion of the exercise of that option, which of their two surnames the child will have. Where the child, at the time that the option is exercised, has reached the age of sixteen years, it shall declare itself whether it wants to have the surname of its father or its mother.
c. if a child due to an adoption that was decreed outside the Netherlands has obtained the Dutch nationality and if the surname of that child has not yet been determined after this adoption pursuant to a choice of name as meant in Article 1:5 paragraph 3, then its parents may still declare jointly, up until two years after the adoption order has become final and binding, which of their two surnames the child will have. Where the child, at the time that the adoption order becomes final and binding, has reached the age of sixteen years, it may, up until two years after that date, still declare itself whether it wants to have the surname of its father or its mother.
d. the declaration on a choice of name as referred to in Article 1:5, paragraph 4, can be made prior to the birth of the child if at least one parent at the time of the declaration is of Dutch nationality.
e. if a child, that is born outside the Netherlands, has entered through birth into a legal familial relationship to both parents and possesses the Dutch nationality, whereas the surname of that child, as reported in its birth certificate, has not yet been determined pursuant to a choice of name as meant in Article 1:5, paragraph 4, then its parents may still declare jointly, up until two years after the birth, which of their two surnames the child will have.
f. if the paternity of a child has been validly established outside the Netherlands and, as a result thereof, this child obtained or retained (kept) the Dutch nationality, whereas the surname of that child, after the establishment of paternity, has not yet been determined pursuant to a choice of name as meant in Article 1:5, paragraph 2, then its mother and the man whose paternity has been established by the court may declare jointly, up until two years after that court order has become final and binding, which of their two surnames the child will have. Where the child, at the time that the before mentioned court order becomes final and binding, has reached the age of sixteen years, it may, up until two years after that date, still declare itself whether it wants to have the surname of its father or its mother.
g. in respect of the possibilities to make a choice of name as presented under the present paragraph, under (a) up to and including (f), it is indifferent whether the child has another nationality besides its Dutch nationality.
- 2. In the situation meant in paragraph 1, under (b), the declaration on the choice of name is made in front of the Registrar of Civil Status of the municipality where the option for the Dutch nationality is received. In the other situations, the declaration on a choice of name may be made in front of any Registrar of Civil Status in the Netherlands.

Article 10:26 Transitional law
Upon the request of an interested party, the surnames and forenames mentioned on certificates of civil status which are registered prior to 1 January 1990 in the Registers of Civil Status, will be changed in accordance with the provisions of the present Title (Title 10.2). Where the request relates to an alien (foreigner), the change must appear from a document drawn up by a competent authority of the State of his nationality. The changes will be made in the relevant certificates of civil status by adding a later mark to it.