On January 4, 2012, an article was published in the State Circular by the advisory committee on matters regarding civil status and nationality.

In the Netherlands, a person must have a first and last name. In many Islamic countries a name series is common, in which case, there is no defined first or a last name. Dutch law, however, does not recognize the name series and consequently municipal officials register the names in a variety of ways. This can have serious repercussions.

The committee has issued advice to all civil servants with regard to dealing with children born in the Netherlands to a mother with a surname and a father with a name series.

We recommend, in this situation, to choose the name of the father. The child would get, for the time being, “_” (none indicated), meaning the child is not given a surname. This is not a particularly desirable situation, but it will make it easier to revise later. If the father, at a later date, becomes a naturalised Dutch citizen and acquires a last name, the child would then also acquire the father’s name on the grounds of Art. 1:7, par. 3 of the Civil Code. If, at the birth of their child, the parents provisionally choose for the surname of the mother with the idea to change it later to that of the father, after the father becomes a naturalised citizen, there is no provision in law for doing so as long as the child remains a minor. This is a particularly undesirable situation for parents with an Islamic background, as the child would be considered to be born out of wedlock.

If you have questions regarding name rights, we would be happy to assist you.