Name change procedure
There can be numerous reasons for someone to want to change their name or first name.
As a name change lawyer, we will go over the procedure for this below.
First name change
Previously, any person wishing to change his or her first name had to follow a long procedure.
However, the legislature has now decided to significantly simplify this procedure.
From now on, any request for a first name change must be submitted to the registrar.
And no longer to the Minister of Justice.
The application is filed in the municipality where one is registered in the population register, foreigner register or guard register.
Next, the registrar will check whether the candidate has judicial precedents, in other words, whether he has come into contact with the courts.
Furthermore, the new given name must not cause confusion or harm the applicant or others.
In case of serious doubt, he seeks the opinion of the public prosecutor.
The municipality decides how much a first name change costs.
Until now, a registration fee of 490 euros had to be paid.
This registration fee will be abolished.
The procedure will take a maximum of three months.
Name change
As of July 1, 2024, adult or disenfranchised Belgians, recognized refugees or stateless persons can change their names to:
– The name of the father;
– The name of the mother;
– A combination of those names in a chosen order;
– The name of a single adopter or combined with the name of another parent.
Application for a name change may be directed to:
– The municipality of their residence in Belgium;
– The last municipality of residence in Belgium if abroad;
– The city of Brussels in the absence of any current or former residence in Belgium.
There are no special conditions attached to the application and family members need not be consulted.
However, the municipality will check the criminal record.
The municipality processes the application within one month.
If there are doubts and the public prosecutor’s office is consulted, this can be as long as three months.
A name change in this manner is allowed only once.
The name change also applies to minor children of the person concerned who bear his/her name.
Consent is required for children over 12 years of age.
The Minister of Justice remains authorized to receive applications for name changes that do not meet the aforementioned conditions.
However, some changes can be noted here as well.
The registration fee payable in advance is now 140 euros.
Until now, it was 49 euros.
What is new is that from now on, even when a name is changed, the judicial record must also be examined.
Claim in family court
If the minister refuses the name change or the registrar of births, marriages and deaths does not allow the change of first name, the person can file an appeal against this with the family court.
This is best appealed to a name change lawyer.
Entry into force
These new rules took effect Aug. 1, 2018.
Do you wish to change your (first) name?
Contact our team of lawyers in Antwerp.
Source: Law of June 18, 2018 containing various provisions on civil law and provisions aimed at promoting alternative forms of dispute resolution, BS July 2, 2018 (art. 119-136 DB Civil Law)
