The double surname also applies to all subsequent children of the same parents.
It is not mandatory to choose a double surname. Parents can also choose the last name of one of the parents. If parents do not make a choice, then for children born within a marriage or registered partnership, they will receive the surname of the non-birth parent. For children born outside of marriage or registered partnership, in that case they will receive the surname of the birth parent.
Transitional
If the eldest child was born on or after Jan. 1, 2016, parents can take advantage of a transitional arrangement. This allows them to still choose a double surname for their children as of Jan. 1, 2024. The parents choose together which names to pass on and in what order. The chosen surname applies to all children of those same parents. The transitional arrangement applies until January 1, 2025.
Both parents must consent to the double surname. Sometimes either parent refuses to give this consent. There have now been a number of proceedings as to whether a parent can ask the court for substitute consent for a double surname. One of these proceedings resulted in the ruling of the Gelderland District Court on March 12, 2024. In this ruling, the judge did not grant permission for the addition of a surname.
Our colleague Henriëtte van Pelt – de Jong has written an annotation to this ruling. In the annotation Henriëtte discusses the legal framework, the intention of the Minister for Legal Protection and the possibilities she sees for asking the court to change the surname to a double surname. You can read the annotation here.
If you have any questions about your child or children’s last name as a result of this article, please contact one of our family law attorneys.
