You can change your surname (geslachtsnaam) in the Netherlands only on one of the grounds set out in a government decree, and the procedure runs through Justis, not through the court. Preference alone is not enough, and a divorce is not a ground either: in those cases the answer usually lies in the name you use, not in a formal name change.
Under article 1:7 of the Dutch Civil Code (BW), the King can change a person’s surname at their request or at the request of their legal representative. Justis, the screening authority of the Ministry of Justice and Security, assesses the application. If Justis approves it, the change takes effect by royal decree (Koninklijk Besluit). The grounds are listed in the Surname Change Decree (Besluit geslachtsnaamswijziging).
On what grounds can you change your surname?
Your application must fit one of the grounds in the decree. The general grounds in article 1 of the decree are:
- the name is clearly indecent or ridiculous, on its own or in connection with your profession, social position or personal circumstances;
- the name is so common that it has too little distinguishing value;
- the name is non-Dutch and you acquired Dutch nationality through naturalisation or a similar procedure;
- the name was spelled incorrectly in the past and you have used the correct spelling since;
- your family previously bore a Frisian name, or a Frisian name was recorded in Dutch spelling.
Where a change is granted on one of these grounds, the decree prefers a small adjustment, such as changing a few letters or adding a prefix or suffix. Only if that does not work is another surname chosen, for example the name of a parent.
Justis also handles other types of request. These include a change for descendants of enslaved persons and a change because your surname causes serious psychological distress. For the last route, the decree requires you to show that keeping the name would seriously harm your physical or mental health. You need supporting evidence, such as a statement from a professional.
Can you give a child the surname of the parent who raises them?
Yes, in many cases. The decree contains a separate ground for minors who have been cared for and raised for a continuous period by a parent who does not pass on their surname, by that parent’s partner or by foster parents. The required period is at least three years, or at least five years if the child is under 12.
The child’s legal representative and the person whose surname the child is to receive apply jointly. A child aged 12 or older must agree, and that consent can outweigh a refusal by the other parent.
For a child under 12, a refusal by the other parent is decisive, except in two situations. The first is where that parent has been irrevocably convicted of certain serious offences against the child. The second is where that parent and the child lived together as a family for no more than a quarter of the period set by the decree. A child’s surname can be changed on this ground only once.
Does marriage or divorce change your surname?
No. Marrying in the Netherlands does not alter your legal surname. Under article 1:9 BW, you gain the right to use your spouse’s surname, on its own or combined with your own. You can register that choice of name use with your municipality.
After a divorce you may in principle continue to use your former spouse’s name. The court can withdraw that right at the request of the former spouse, but only where there are good reasons (gegronde redenen). Which name appears on your post and in the municipal records is a registration matter with the municipality, not a name change.
How does the procedure work?
You submit the application to Justis with evidence supporting the ground you rely on, and you pay a fee. Justis asks the other parent of your child for their view.
According to Justis, the fee is €835 for one adult or for one or two children under 18, and €1,670 for three or more children. You always pay the fee, also if the application is refused or withdrawn. Justis states that you usually receive a decision within 20 weeks. The full procedure, including the six-week objection period and the royal decree, takes on average 36 weeks, and no royal decrees are signed during the summer recess in July and August.
What can you do if your application is refused?
You can lodge an objection (bezwaar) within six weeks of the decision. If the objection is rejected, you can appeal to the administrative court. An objection is most useful where you can add evidence that your situation fits one of the grounds.
Is a change of first name a different procedure?
Yes. Under article 1:4 BW, the district court (rechtbank) decides on a change of first name, at the request of the person concerned or their legal representative. You need a lawyer, and the court tests whether you have a sufficiently weighty interest. See our article on changing your first name.
What should you check as the parent who applies?
Prepare these points before you pay the €835 fee, because it is not refunded.
- Has the child been cared for continuously for at least three years, or five years if the child is under 12, directly before the application?
- Does a child aged 12 or older agree with the change?
- Has the child’s surname already been changed once on this ground? That is allowed only once.
- Can you document the care period, for example with municipal registration records (BRP) and school records?
What should you check as the other parent?
Justis asks for your view before it decides. For a child under 12 your refusal is in principle decisive.
- By what date must you reply to Justis?
- Does one of the two exceptions apply that would set aside your refusal?
- Is your child 12 or older, so that the child’s own consent decides?
- If the change is granted, can you lodge an objection within six weeks of the decision?
What can we do for you with a surname change?
Our family lawyers assist both applicants and parents who object.
- We assess which ground in the Surname Change Decree fits your situation before you pay the Justis fee.
- We prepare the application and evidence, or the other parent’s response to Justis.
- We lodge the objection (bezwaar) within the six-week deadline and conduct the appeal before the administrative court.
- We file the court petition for a change of first name under Article 1:4 BW.
Summary
- A surname change is decided by royal decree after an assessment by Justis, not by a court.
- Your application must fit a ground in the Surname Change Decree; preference alone is not enough.
- For a child, a change to the name of the parent who raises them requires three years of care, or five years under age 12, and usually the other parent’s consent.
- The fee is €835 (€1,670 for three or more children), and the decision usually takes up to 20 weeks.
Frequently asked questions
Can I change my child’s surname to mine after a separation?
Possibly, on the care ground, once your child has lived with you for the required period: three years, or five years if your child is under 12. If the other parent refuses and your child is under 12, the application is in principle rejected, subject to the exceptions in the decree. From age 12, your child’s own consent can outweigh that refusal.
Can I change my surname simply because I prefer another one?
No. Your application must fall within one of the grounds in the decree, or you must show that keeping the name would seriously harm your health.
Do I get the fee back if my application is refused?
No. According to Justis, you always pay the application fee, whatever the outcome.
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.
