Since July 1st 2024, there has been a new, simplified procedure for changing last names in Belgium. This now offers citizens more flexibility and simplicity when they want to change their last name, without the bureaucratic hurdles of previous procedures. This revision meets the growing demand for a more flexible approach to name changes for individuals who want to bear the surname of their father, mother or adopter.
In this Wanted Fact, we discuss the background and functioning of this new procedure, who is eligible and how to apply.
Why a simplified procedure?
Before July 1st 2024, the process to change a last name in Belgium was tedious and often expensive. The Minister of Justice dealt with all applications and assessed on a case-by-case basis whether the change was justified. For many people, this created a long and complex process, with numerous administrative steps and costs.
The simplified procedure was introduced to remove these obstacles and make the step towards name change more accessible. Today, adult Belgians, recognised refugees or stateless persons can (under certain conditions) change their last name via an application to their local municipality, without the intervention of the FOD Justice or Minister of Justice. This offers a practical solution for those wishing to take the last name of a parent or adopter.
Conditions for the new procedure
The new procedure is designed for specific situations where people want to change their last name without extensive legal justification.
The procedure is open to adult or emancipated Belgians, recognised refugees or stateless persons. In other words, any adult can apply to the municipality of their place of residence. If the adult no longer lives in Belgium, this can be done at the last residence in Belgium or the city of Brussels in the absence of any current or former residence in Belgium.
Note: the application will not be approved just like that. There are some important conditions that must be met. For example, the applicant must be able to prove that the change has no fraudulent motive or is intended to evade creditors. In case of doubt, the municipality can still request additional information or refer the application to the FOD Justice.
How does the new procedure work?
The procedure involves fairly simple steps.
The first step is to submit an application to the municipality where the person is registered. This requires filling in an application form, which also asks for a short motivation. As mentioned, this simplified procedure only applies to adopting the surname of a parent or adopter. If you wish a name change for an emotional or practical reason, or, for example, because someone shares a last name with a person who has become discredited and no longer wants to be associated with it, the regular procedure must be followed.
After receiving the application, the municipality assesses the application within one month. If necessary, the municipality may request additional documents or information to further substantiate the application. Upon approval, the applicant receives an official confirmation of the name change and the change is entered in the National Register and other relevant documents. Note that if there are doubts and the Public Prosecutor is consulted, the timeframe can be up to three months.
The name change can only be authorised once in this simplified manner.
If there are minor children, the name change is also extended to them. In this way, the unity of the family name within the family is maintained. Please note: the consent of children older than 12 years is required.
Conclusion
The renewed procedure has the clear advantage of faster processing of applications. Unlike the regular procedure where the processing time is easily six months to a year, in the simplified procedure applications are processed within one to three months.
Contact Wanted Law
Do you have any questions or would like advice on the possibility of changing your last name? Please contact Wanted Law.