A child’s surname is in principle fixed at birth or on acknowledgement. Change is possible, but not through the courts: it is an administrative procedure with the screening authority Justis, decided by royal decree.
Legal basis
Article 1:7 of the Dutch Civil Code confers the power to change a surname; the Surname Change Decree sets out the grounds and conditions. For a minor, care periods apply: the applying parent must have cared for and raised the child for a defined period, its length depending on the situation and on whether the other parent holds authority. From the age of twelve the child must consent. The other parent is heard and may object; that objection prevails unless the child’s interests require otherwise or the bond with that parent has in fact been broken. A first name follows a different route: it is changed by the district court under Article 1:4(4), with a lawyer.
How it works in practice
The application goes to Justis with evidence of the care given: registrations, school records and statements. Processing takes several months. A refusal can be challenged by objection and then appeal to the administrative court, because the royal decree is a decision within the meaning of the General Administrative Law Act.
Where it goes wrong
Parents confuse the choice of surname at birth with a later change; the first is a choice before the registrar, the second a procedure with strict conditions. A second error is applying too early, before the care period is complete. Third, the weight of the other parent’s objection is underestimated as long as contact continues.
Related terms
The change connects to the acknowledgement of a child, to adoption and to parental authority.
Would you like your child’s surname changed? Our family lawyers assess whether the conditions are met.
