To change the child's surname, a family court decision and usually approval of both parents are required.
Reasons for Change
- Adoption
- Mother's sole care
- Unknown person in the family (only mother)
- Surname embarrassing/nickname
- Communication in the family none
Process
- Case in family court
- Consent of the other parent (if any)
- Child's request (over 12 years old)
- Pedagogue report
- Decision
From Father's Surname to Mother's Surname
- Mother can request through the judiciary
- Father's approval is required (general rule)
- Father cannot be found/no contact = court decision
After 18 Years of Age
- The child can choose his own surname
- Court decision is required
- Again, reason is required
Supreme Court 2nd HD and 18th HD
2. HD accepts that the change of the child's surname will be given "when it is clear that it is in the child's best interest" and that mere parental disagreement will not be sufficient.
Family law lawyer is recommended.