Act Conflict of Law Rules for Names

Act of 3 July 1989 (Stb. 1989, 288), regulating conflicts of laws with regard to surnames and forenames, also in connection with the ratification of the Convention on the law applicable to surnames and forenames, concluded at Munich on 5 September 1980 (Treaty Series 1981, 72)

Article 1 Applicable law for the determination of the names of an alien (foreigner)
- 1. The surname and forenames of an alien (foreigner) shall be determined by the law of the State of his nationality. The law of that State comprises the rules of international private law of that State. For this purpose exclusively, the situations on which surnames and forenames depend shall be assessed in accordance with the law of that State.
- 2. When a person has more than one nationality, the law of the State of which he has the nationality and with which, taken all circumstances into account, he is most closely connected, shall be applicable.

Article 2 Applicable law for the determination of the names of a person of Dutch nationality
The surname and the forename of a person of Dutch nationality shall be determined, regardless whether he has another nationality, by Dutch internal (national) law. This will be the case even when foreign law is applicable to the familial (parent-child) relationship and the existence of that relationship may have effect on the surname.

Article 3 Additional mark in the birth certificate of a person with more than one nationality
Persons who have more than one nationality, may request the Registrar of Civil Status to add a mark to their birth certificate of the name that is used by them in accordance with the law of one of the States of which they have the nationality, but which law has not been applied pursuant to Article 1 paragraph 2 or Article 2 of the present Act.

Article 4 Applicable law in case of a change of nationality
- 1. In case of a change of nationality, the law of the State of the new nationality shall apply, including the rules of law of that State concerning the effects of the change of nationality for names.
- 2. When an alien (foreigner) obtains the Dutch nationality, this shall not result in a change of his surname or forename(s), except where it concerns the provisions of Article 5b under point (b) of the present Act or the provisions of Article 6 paragraph 5 and Article 12 of the Netherlands Nationality Act (also known as Dutch Citizenship Act)

Article 5 Application of Dutch law when it is impossible to determine the applicable foreign law
- 1. The Registrar of Civil Status who must mention the surname and forename(s) of an alien (foreigner) in a certificate to be drawn up by him, but for whom it is impossible to establish which law is applicable to the determination (assessment) of these names, shall apply Dutch law. He reports his decision without delay to the public prosecutor at the District Court within whose territory the certificate is recorded in the Registers of Civil Status.
- 2. A certificate drawn up in the way meant in the previous paragraph may be corrected, upon the request of any interested person or of the Public Prosecution Service. Article 1:24 of the Civil Code shall apply accordingly in that event. Such a request of an interested person shall be dealt with free of charge under application of the Legal Aid Act.

Article 5a Recognition of names and a change of name established outside the Netherlands
- 1. When the surname or forenames of a person have been determined outside the Netherlands at the occasion of a birth and this is done in accordance with the local rules of international private law, and these names have been laid down in a certificate drawn up for this purpose by a competent authority in accordance with local regulations, then these recorded names will be recognised as such in the Netherlands; when the surname or forenames of a person have been modified outside the Netherlands as a result of a change that has been effectuated there in this person’s civil status and this is done in accordance with local rules of international private law, and these changes have been laid down in a certificate drawn up for this purpose by a competent authority in accordance with local regulations, then these changed names will be recognised as such in the Netherlands. Such a recognition may not be refused as being in conflict with public order on the sole ground that another law has been applied than the law that would have been applicable pursuant to the provisions of the present Act.
- 2. The provisions of paragraph 1 shall not affect the application of Articles 5b and 5c.

Article 5b Determination of names of a child that has the Dutch nationality (choice of name)
For the purpose of Article 1:5 of the Civil Code the following rules have to be observed:
a. When a child has come to stand in a legal familial (child-parent) relationship to its father because it has been legally recognized or legitimated outside the Netherlands and, as a result, it obtained or retained (kept) the Dutch nationality (citizenship), and when the surname of that child has not yet been determined after this recognition or legitimation on the basis of Article 1:5 paragraph 2 of the Civil Code, then the mother and the person who has recognized the child may still jointly declare, up until two years after the recognition or legitimation, which of their two surnames the child will have. Where the child, at the time of recognition or legitimation, has reached the age of sixteen years, it may, up until two years after the recognition or legitimation, still declare itself whether it wants to have the surname of its father or of its mother.
b. If a minor child, that is legally recognized by a person of Dutch nationality or that has become the child of a person of Dutch nationality by legitimation without such a recognition, has obtained the Dutch nationality by option (choice) and it stands in a legal familial (child-parent) relationship to both of its parents at the time that this option is exercised, then its parents may declare jointly, at the occasion of that option, which of their two surnames the child will have. Where the child, at the time of the option, has reached the age of sixteen years, it will declare itself whether it wants to have the surname of its father or of its mother.
c. If a child due to an adoption that was ordered outside the Netherlands has obtained the Dutch nationality and if the surname of that child has not yet been determined after this adoption pursuant to a choice of name as meant in Article 1:5 paragraph 3 of the Civil Code, then its parents may still declare jointly, up until two years after the adoption order has become final and binding, which of their two surnames the child will have. Where the child, at the time that the adoption order becomes final and binding, has reached the age of sixteen years, it may, up until two years after that date, still declare itself whether it wants to have the surname of its father or of its mother.
d. The declaration on a choice of name as referred to in Article 1:5 paragraph 4 of the Civil Code can be made prior to the birth of the child if at least one parent at the time of the declaration has the Dutch nationality.
e. If a child, that is born outside the Netherlands, has come to stand in a legal familial relationship to both parents through birth and it possesses the Dutch nationality and if the surname of that child, as reported in its birth certificate, has not yet been determined pursuant to a choice of name as meant in Article 1:5 paragraph 4 of the Civil Code, then its parents may still declare jointly, up until two years after the birth, which of their two surnames the child will have.
f. If the paternity of a child has been validly established outside the Netherlands and, as a result, this child obtained or retained (kept) the Dutch nationality (citizenship), and if the surname of that child, after the establishment of paternity, has not yet been determined pursuant to a choice of name as meant in Article 1:5 paragraph 2 of the Civil Code, then its mother and the man whose paternity has been established by the court may declare jointly, up until two years after that court order has become final and binding, which of their two surnames the child will have. Where the child, at the time that the before mentioned court order becomes final and binding, has reached the age of sixteen years, it may, up until two years after that date, still declare itself whether it wants to have the surname of its father or of its mother.

Article 5c Registrar of Civil Status in front of whom a choice of name must be made
In the situations meant in Article 5b under point (a), (c), (e) and (f), the declaration on the choice of name can be made in front of any Registrar of Civil Status. In the situation meant in Article 5b under point (b, the declaration on the choice of name is made in front of the Registrar of Civil Status of the municipality where the option for the Dutch nationality is received.

Article 6 Transitional law
- 1. The provisions of this Act shall not apply by operation of law to surnames and forenames mentioned on the certificates of civil status that are recorded in the Registers of Civil Status prior to the moment on which this Act entered into force.
- 2. Upon the request of an interested party, the surnames and forenames mentioned on certificates of civil status as referred to in paragraph 1 will be changed in accordance with the provisions of this Act. Where the request relates to an alien (foreigner), the change must appear from a document drawn up by a competent authority of the State of his nationality.
- 3. The changes meant in paragraph 2 will be made in the relevant certificates of civil status by adding a later mark to it.

Article 7 Citation
The present Act may be cited as the Act Conflict of Law Rules for Names.

Article 8 Entry into force
The present Act enters into force on a date to be determined by Royal Decree [1 January 1990].