Transmission of the family name has long been perceived as the indisputable legacy of the father. The Belgian Civil Code thus restricted the choices as to transmission of the surname, making transmission of the father's name the rule, and transmission of the mother's name the exception (mainly when there was no legal father). In response to modern society's quest for better gender equality and greater international mobility in regard to the transmission of names, people's rights to naming children have evolved.
The law of 8 May 2014 amending the Civil Code with a view to establishing the equality of men and women in the mode of transmitting their name to children and adoptees marked a first turning point by allowing the parents of children born after 1st June 2014, date of entry into force of the law, to choose between the name of the father/co-parent, the name of the mother, or a combination of the two names in the order they wish.
Thus, unfortunately, the June 2014 reform did not cover adult people wishing to change their surname to the name of the mother, father, co-parent, or a double name.
For these adults, changing their surname remained a complex process. They had to submit a request for favor to the Name Change Department of the Federal Justice Service and justify serious grounds. Since the concept of serious grounds is unclear, in practice we found many refusals by the FPS Justice, especially when the serious grounds were based on psychological motivation. The people concerned had no choice but to appeal the decision to the family court. Over the years, we noted that some jurisdictions were aware of the difficulties encountered in demonstrating serious psychological grounds, so they were "satisfied" with "sufficient likelihood" (see the Newsflash from July 18, 2023). However, such procedures were very long and discouraging for many people. Continuing to restrict name change requests to this degree was entirely illogical in a more general context where surnames are less fixed.
On July 1, 2024, the law of January 7, 2024 amending the old Civil Code and the Code of Registration, Mortgage and Registry Fees with a view to relaxing the name change procedure marked a new step forward in terms of changing surnames. Belgian adults, as well as emancipated minors, recognized refugees, and stateless persons can now change their surname to that of one or both parents/adopters in a simplified way. From now on, they can simply present themselves to the municipality to submit their application, without special conditions. Requests are, in principle, processed in one month, unless the deadline is extended to three months in the event of consultation with the Crown Prosecutor for more complex cases. This simplification only concerns name changes to adopt the name or names of the parents.
Requests for name change to a name other than that of the father/co-parent, mother, or a combination of the two names remain subject to the old procedure with the Name Change Department of the Federal Justice Service, including proof of serious grounds.
This simplification is of course excellent news. By allowing greater flexibility and reducing administrative barriers, these changes reflect a changing society.
We can however regret that this law did not cover other unnecessarily complex situations regarding name change, in particular the situation of minor children born after June 1st, 2014. For the latter and for the moment, it is only possible to obtain a name change if the parents have another child and request a name change to standardize the names of all siblings. Otherwise, a procedure before the FPS Justice remains necessary.
Céline Verbrouck
Associate Lawyer at Altea
Specialist in Immigration Law and Private International Family Law