Trans or non-binary persons and change of name
The LGBTQIA+ community is also often confronted with various legal issues. That is why, through this Wanted Fact, we would like to provide some clarity on Belgian name law. Since your name is such an essential feature of your identity, and above all of the way you experience it, it is important that your name corresponds to your innermost lived gender identity.
Surname
First of all, a distinction must be made between the surname and the first name. As regards a change of surname, the legislator does not provide any specific exceptions for trans persons. In other words, the ordinary rules that also apply to cisgender persons apply here as well. The FPS Justice – Name Change Service handles these requests. For more information on this procedure, you can read the following Wanted Fact: How do I change my surname?
An exception applies to the change of surnames that reveal the original biological sex. This concerns, for example, Slavic or Icelandic names ending in -ova or -son/-dóttir. Persons with such a gendered surname pay only EUR 49.00 in registration duties instead of the normal fee of EUR 140.00.
First name
By contrast, the procedure for changing a first name has been specifically adapted to the needs of trans persons. Trans persons have the right to change their first name, whereas for cisgender persons this is merely a favour and therefore not an automatically acquired right.
You are an adult
Adult persons whose innermost lived gender identity does not correspond to their biological sex may request a change of first name. As already mentioned, trans persons have the right to a first-name change, provided they attach a declaration on honour to their request. The procedure for changing a first name is handled by the civil registrar of your municipality.
PLEASE NOTE
You may request a first-name change only once on the ground that your innermost lived gender identity does not match the sex stated in your birth certificate. Of course, you may change your first name more often, but then you must follow the ordinary procedure, which is not a right but a favour.
As an exception, you may request another first-name change where there is a mismatch between your lived gender identity and your legal sex, provided that the family court authorises this change. This is possible only after a new adaptation of the sex registration. The legal procedure therefore unfortunately does not sufficiently meet the needs of genderfluid persons.
You are a minor
If you are a minor and your innermost lived gender identity does not match the gender stated in your birth certificate, you may also request a first-name change. This is possible from the age of twelve. Your parents (or a legal representative) must assist you in doing so. “Assistance” is a legal concept, meaning that your parents act together with you. They do not represent you, however; in other words, you, the minor, take the initiative yourself.
Thanks to the assistance of the parents, the minor is not left to face the procedure alone.
If the parents refuse to assist their minor child, the minor may apply to the family court. The family judge may authorise the minor to proceed with the name change, with the assistance of an ad hoc guardian. An “ad hoc guardian”, like assistance, is also a legal concept. The ad hoc guardian is not a permanent guardian; the parents retain their parental authority.
Ad hoc means that the guardian will provide assistance for that specific act, here the first-name change.
If, at a later time, the minor experiences their gender identity differently, they are once again entitled to a first-name change. This is possible only as long as the sex registration has not yet been adapted.
Cost
The cost of changing a first name varies from one municipality to another. In any event, the cost may amount to no more than 10% of the ordinary price for cisgender persons. For example, if a first-name change for cisgender persons costs 50 euros, a trans person will pay a maximum of 5 euros.
In some municipalities, a first-name change for trans persons is even free of charge.
Please also bear in mind that you will need to apply for a new electronic identity card. This costs between 15 and 25 euros, again depending on the municipality.
If you have any questions, you can always reach the Wanted Lawyers.
If you notice that we could make our language more inclusive on certain points, please do not hesitate to contact us! We are eager to learn.
Graag uw familienaam wijzigen?
Download hier het slimme document die u helpt een aan jou aangepast verzoekschrift op te stellen!