Tessa and Laura became parents of their beautiful son Teun in early 2023, with the help of a good friend who offered to be a donor. Laura is Teun’s biological mother and Tessa is the other legal parent of Teun. Together they exercise joint custody. Teun carries Tessa’s last name, but they would prefer that he also carries Laura’s last name. Laura knows that there has been a lot going on in politics recently about dual surnames, but can they choose this now?
As of January 1, 2024, the law in The Netherlands has changed. Children can have the surnames of both parents. In principle, this applies to parents whose first child is born on or after this date. The chosen surname then applies to all subsequent children. This change in the law addresses the need for more freedom of choice in naming law. The surname will be written without a hyphen and the order may be determined by the parents themselves.
Transitional law
Was your eldest child born on or after Jan. 1, 2016? Then from January 1, 2024 to January 1, 2025, you can still take the opportunity to choose a double surname. That includes Tessa and Laura who are both legal parents. They can still choose to give Teun a double surname when the time comes. They are not free to choose the surname of the donor. After all, he is not Teun’s legal parent. Tessa and Laura can only combine their own surnames.
But what if you already have a double surname yourself? Like De Roy van Zuydewijn, for example? In such a case, your last name is considered a single surname. It is then possible to add the surname of the other parent for your child. But do you want to choose a combination of your surnames for your child, and does one of you already have as a surname a combination of two parents’ surnames? In that case, however, a maximum of one family name from the combination can be passed on.
The possibility of choosing a dual surname applies in the case of recognition, establishment/denial of paternity, and granting of joint custody. When adopted by a couple or married couple, it is also possible to include the child’s original name in a combination. Again, a maximum of two names applies.
Dual nationality
For children who have a different last name abroad because of multiple nationalities, the new law may also be a solution. In some of these cases, a name change procedure is now required to unify their surnames. That will soon no longer be necessary.
When you don’t make a choice?
Then a child if the parents are not married will receive the mother’s last name. And in the case of a marriage, the surname of the father or the duo mother.
Contact
If you have questions about a double last name, please contact us via info@uiteenfamilierecht.nl or call 010 452 74 03. We are ready and happy to help you.