Changing your surname in the Netherlands is not a court procedure. Unlike a change of first name, which is decided by the court, a change of surname is applied for at Justis, the screening authority of the Ministry of Justice and Security, and granted by royal decree. The grounds on which it can be granted are set out in a government decree, and they are considerably narrower than most applicants expect.
On what grounds can a surname be changed?
The recognised grounds include a name that is ridiculous or indecent, a name so common that it causes real confusion, a name that is of non-Dutch origin and difficult to use in the Netherlands, and a name that is spelled or pronounced in a way that causes persistent practical problems.
For children there is a distinct and frequently used ground: a change to the name of the parent or step-parent who has actually cared for the child, once that care has continued for a prescribed period. The periods differ depending on the child’s age and the family situation, and where the other legal parent objects, that objection is weighed and can be decisive.
Two things that are not, by themselves, grounds: preference, and the ending of a marriage. A divorce does not require a name change, because Dutch law never changes your surname on marriage in the first place – what changes is only the name you are permitted to use.
The name you use after marriage or divorce
This is the most common misunderstanding in this area. Marrying in the Netherlands does not alter your legal surname; it gives you the right to use your spouse’s name, alone or in combination with your own, and that choice can be registered with the municipality. After a divorce you may in principle continue to use the former spouse’s name, although a court can prohibit it on the application of the former spouse where there are serious reasons.
So if the question is simply which name appears on your post and in the municipal records, it is a registration matter and not a name change at all.
The procedure
The application is submitted to Justis with evidence supporting the ground relied on, and a fee is payable. Interested parties, including the other legal parent where a child is concerned, are given the opportunity to be heard. Justis advises and the decision follows by royal decree; where an application is refused, an objection can be lodged and, after that, an appeal to the administrative court.
Allow months rather than weeks. Where a child is concerned and the other parent objects, considerably longer.
Frequently asked questions
Can I change my child’s surname to mine after a separation?
Possibly, on the care ground, once the prescribed period of care has run and subject to the other parent’s position. It is one of the more frequently granted applications, but it is not automatic.
Can I change my surname simply because I prefer another one?
No. The application must fall within one of the recognised grounds.
Is a first name easier to change?
It is a different route rather than an easier one: a court petition through a lawyer, on the test of a sufficiently weighty interest. See our article on changing your first name.
Advice
The first question in any surname case is whether the situation fits one of the recognised grounds, and that can be assessed before any fee is paid. We advise on the prospects, prepare the application and the supporting evidence, and act where an application is refused or where another parent objects. Please contact Law & More.
