The change of last name

What are the conditions for a change of last name?

Under the law, the change of last name is an exceptional matter. This is because the immutability of the last name is the starting point. 

Since the introduction of the simplified procedure for name change in 2024, there are two different procedures for name change. 

If one wants to change the name to one that the parents could have assigned themselves, this can now be done through the simplified procedure. 

However, if one wants to change the name to a name other than the one the parents could have assigned or does not meet the conditions of the simplified procedure, one still has to follow the general procedure.

Conditions and restrictions

• One-off nature
  You can use the simplified procedure only once. If you wish to change your name again, this must be done via the general procedure and you will therefore have to submit serious grounds.
   
• Scope: adults and emancipated minors
  A declaration of change of name can only be made by adults or emancipated minors. For minors, they can only change their name through the general procedure, where they must be represented by their parent(s) or guardian.
   
• Freedom of choice of name
  For this, the law explicitly refers to the existing rules around name allocation in original- and adoptive parentage. The freedom of choice is limited to the choices the parents themselves had at the time of birth/adoption/descendant change.

Procedure

If you wish to change your surname under the simplified procedure, you must make a declaration of name change before the registrar at the civil registry office.

The consequences of the name change

The change of name after the simplified procedure applies automatically to the non-adopted minors bearing (partly) the name of this parent. The child, who has reached the age of 12 at the time of the request, will only be granted the name with his/her consent.

If the name change is approved, you are obliged to use this name.

What does a name change cost?

The cost of a name change through the simplified procedure can vary. Some cities do not even charge for this. For information on costs in your city or municipality, please check the website of the respective city or municipality.

Conditions

• There must be serious reasons
  You must show a legitimate interest, which may be moral or material.  Examples of serious reasons include:
  • To replace a ridiculous-sounding name;
  • To perpetuate a name of a family member who is in danger of extinction;
  • Replacing a name of foreign origin so that the person can integrate more easily;
  • Giving the child the name of his legal father;
  • Giving the child the name of his de facto father.
     
• The name must not cause confusion
  This may be the case, for example, if you ask for a double name or ask for a name where the letters ‘the’ and ‘from’ are written with lowercase letters because it will make it appear that the person is of nobility.
   
• The new name must not harm third parties or the requesting party

Procedure

If you wish to change your surname according to the general procedure, you must submit a written request to the Minister of Justice. This request must be explicitly motivated. For instance, you should state the serious reasons on which your request is based, and you should also make it plausible that the name change will not lead to confusion and will not cause any damage either to yourself or to third parties.

If a minor wishes to change surnames, this request should be formulated by both parents or by the guardian in question. When 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 surnames.

In addition to a reasoned request for name change, you will need to attach a whole series of documents to your application, namely:

• 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 judgment.
• A recent certificate of residence;
• An extract from the criminal record (model 1);
• Proof of Belgian nationality;
• Proof of payment of the registration fee.

The consequences of the name change

The name change after the general procedure applies only to the person in question. You may request that your minor children, who bear your name (in part), also obtain the new name. To the child, who has reached the age of 12 at the time of the request, the name will be granted only with his/her consent. However, the name change for the children yet to be born is automatic.

If the name change is approved, you are obliged to use this name.

What does a name change cost?

There are limited costs associated with a name change request under the general procedure. You must pay a registration fee of EUR 140.00. This amount is never refunded.