Why change your last name?
A last name is considered a necessary piece of identification for citizens in Belgium and by extension the rest of the world. While most people wear their last name with pride, there are certainly conceivable reasons to change the last name.
For example, it may happen that a father, who has given his name to his child, breaks off all contact with the mother and his child a few months after the birth. In addition, it is also possible that the family name itself is a source of ridicule. During the Napoleonic era, for instance, many Dutch people deliberately chose to go through life with a surname that was, to say the least, remarkable as a form of rebellion against French policy. Just imagine being a distant descendant of such a rebellious character....
As a general principle, the last name is ‘fixed’ and therefore basically not subject to change. But every good principle has its exceptions. In well-defined cases, you will still be able to have your last name changed.
Two procedures
Since 2024, there are two possible procedures for a change of last name, namely the simplified procedure and the general procedure.
The simplified procedure is intended if you want to bear the surname of your father, mother or adopter. For a further explanation of this new simplified procedure, we would like to refer to our Wanted Fact about it.
In all other cases, you will have to go through the general procedure to change your last name. Below, we discuss how this general procedure works.
What are the conditions for changing a last name?
You cannot simply change your last name for any reason. When assessing the request for a change of last name, the following three conditions will be taken into account:
- Serious reasons
The first condition is that the name change must be based on serious reasons. Serious reasons include, for example, the fact that the parent whose last name was given to the child has cut off all contact with the mother and child. In addition, last names carrying a remarkable connotation may also qualify for name change. However, these should be last names that are a source of ridicule or that cause or may cause harassment and the like more.
- No confusion
Secondly, a last name change must not cause confusion. More specifically, the new last name must not cause certain persons to be confused with each other, since they would suddenly bear the same first and last name as a result of the change, for example.
- No harm to third parties or to the applicant party
Finally, the name change must not cause any harm to the applicant in question or to third parties.
What specifically do you need to do if you wish to change your last name?
If you have decided to change your last name, you should submit a written request to the Minister of Justice. This request must be explicitly motivated. You must state the serious grounds on which your request is based and you must also demonstrate that the change of last name will not cause confusion or harm to yourself or third parties. In other words, you show that you meet the three conditions mentioned above.
If a minor wishes to change his or her last name, this request must be formulated by both parents or the guardian in question. If both parents live separately and the request is made by either parent, the other parent will normally be informed. If you have children and wish to change names, you are required to clarify whether you also wish your children to change their last name.
Of course, do not forget to clearly indicate which new last name you wish to bear!
What documents should you attach to the name change request?
In addition to a reasoned request for name change, you should attach the following documents:
- An integral copy of the birth certificate. If you were born abroad, an equivalent certificate will suffice, possibly after legalisation of this certificate. Should you be unable to produce any civil status certificate, your identity will be established by court order.
- A recent certificate of residence;
- An extract from the criminal record (model 1);
- Proof of Belgian nationality;
- A proof of payment of the registration fee (EUR 140.00).
How does the name change procedure actually work?
The Name Change Department, which is part of the Federal Public Service for Justice, will prepare your file and then submit it to the Minister of Justice, who in turn decides whether or not to propose the name change to the King. The King makes the decision entirely sovereignly and regardless of the motives. Each request is therefore assessed individually.
In exceptionally delicate and complex cases, the public prosecutor of the applicant's place of residence may conduct an additional investigation. This may involve hearing about your motives and gathering additional information.
Depending on the complexity of the case in question and taking into account the formalities to be complied with after approval of the change of surname request, as an applicant you should expect a total duration of 6 to 12 months. Obviously, simple applications are handled in a smoother and faster manner.
Name change request approved
Congratulations! The name change is authorised by Royal Decree and must be published in the Belgian Official Gazette.
The competent civil registrar will receive the relevant Royal Decree within 15 days, after which he/she will have 15 days to transfer the name change in the civil status registers. On this transfer date, which occurs no more than 30 days after publication in the Belgian Official Gazette, the name change is a fact.
What if your request for a name change was not granted?
If the name change is not authorised, you can ‘appeal’ to the family court. Please note that you must file this appeal within 30 days from the day the Minister of Justice notified you of the refusal of the name change. The family court will then rule again whether the three conditions for a name change are met (serious grounds, no confusion, no harm to the applicant or to third parties). The ruling of the family court is then always sent to the registrar.
You can still appeal against a refusal by the family court.
In case the family court or the Court of Appeal grants the name change, the registrar of births, marriages and deaths will record the name change in the civil status registers.