Must both parents consent to the name change?
For minors, the question of parental consent is often the first bottleneck.
If both parents consent
If both parents have parental responsibility and you are in agreement, the procedure is as follows:
- The lawyer submits the petition for a first name change on your behalf.
- The court assesses whether there is a compelling reason and whether the change is in the best interest of the child.
- The child may be heard, depending on their age.
If the other parent does not agree
If the other parent does not give consent, the consenting parent can request the court to grant substituted consent (Art. 1:253a of the Dutch Civil Code). The court then makes the decision that would normally have to be taken by both parents jointly. In practice, this proceeds as follows:
- The consenting parent submits a request through a lawyer for consent in place of the other parent.
- The court assesses whether the other parent’s refusal is unreasonable, given all the circumstances.
- The central focus is always: what is best for the child at this moment? Not who is “right,” but which decision serves the child’s interests most.
We help you carefully analyze the situation and estimate whether substituted consent is feasible in your case.
The role of your child: input and age limits
When changing a child’s first name, the child’s opinion plays an important role. In practice, courts use the following guidelines:
- Up to approximately 8 years old
The court looks primarily at the parents’ substantiation. However, information from, for example, the school, GP, or care providers can be taken into account. - From approximately 8 years old
The court may invite the child for a conversation. This takes place in a safe setting and without parents in the room, so the child can speak freely. - From 12 years old
Children aged 12 and older must be heard (Art. 809 of the Code of Civil Procedure). They may give their opinion and this carries significant weight, but they do not have to formally consent to the first name change. The court ultimately decides based on the best interest of the child.
We prepare both you and your child carefully: we explain what the child can expect, what questions might be asked, and how the conversation goes – without putting the child under pressure.
What does the court assess in a child’s first name change?
The court applies the criterion of a “compelling reason” and always looks at the best interest of the child. Important aspects:
- Does the child experience psychological distress or tension due to the current name?
- Is there evidence of bullying, shame, or fear?
- Does the name align or not align with the child’s identity (e.g., gender, cultural background)?
- How consistently is the new name already being used in practice?
- What does the change mean for the bond with both parents and the family?
- Do both parents agree, or is there a parental conflict?
- How is the child supported in the change – emotionally and practically?
We help you make these elements concrete and substantiated: not just in words, but also with supporting evidence.
What changes are possible for a child’s first name?
Many parents wonder exactly what is legally possible. In practice, the following options are among those available:
- Completely changing the existing first name.
- Adding an extra first name (for example, to name the child after a family member).
- Omitting or shortening a first name.
- Adjusting the official first name to the common name that has already been used for years.
It is important that the choice is well-explained and that it is clear why the new first name better suits the child.
How the procedure works: step-by-step
1. Introduction & initial analysis
We discuss your situation, the role of the other parent, the age and position of the child, and your goal. You will receive an initial assessment of the feasibility.
2. Case building and strategy
Together, we map out the reasons for the name change. Think of:
- statements from parents and possibly care providers
- schools or other involved parties
- evidence of bullying or psychological burden
- documents showing that the new name is already in use
We choose a strategy that fits your family situation and the stance of the other parent.
3. Drafting and submitting the petition
Your lawyer drafts a legally and factually substantiated petition for a first name change and submits it to the court.
4. Hearing the child (if applicable)
If the court wishes to hear the child, we prepare for this carefully. We explain in understandable language what will happen and minimize tension as much as possible.
5. Court hearing
During the oral hearing, you and possibly the other parent will speak with the judge. Your lawyer guides you, monitors the strategy, and answers legal questions.
6. Ruling and processing in the BRP
If the court grants the request, the new first name is recorded in the Personal Records Database (BRP). After that, the name can be updated in official documents.
Would you like a full overview of the procedure, legal requirements, and costs for adults and children? Then view our extensive page First name change.
Duur en kosten van de procedure
De exacte duur en kosten hangen af van de complexiteit van uw zaak. In de meeste gevallen geldt:
- De procedure duurt gemiddeld tot zes maanden vanaf het moment dat het verzoek bij de rechtbank is ingediend.
- Het griffierecht bedraagt EUR 341, hetzelfde voor alle rechtbanken in Nederland.
- Voor onze werkzaamheden hanteren wij een duidelijke prijsafspraak vooraf. Het vaste tarief voor de advocaat bedraagt EUR 619.
Lees ook de uitgebreide toelichting hoe de kosten zijn opgebouwd.
Based on Real Cases
First name change due to psychological distress
A 10-year-old child bore the name of a parent with whom there was no longer any contact following a traumatic past. The name evoked fear and tension in the child. The school and care providers confirmed the impact.
The court ruled that the name change was necessary to give the child peace of mind and granted the request.
Substituted consent upon refusal by the other parent
A mother wanted to adjust her child’s first name because the current name led to bullying and shame. The father refused any cooperation.
After a carefully built case file, with statements from the school, a care provider, and the child themselves, the court granted substituted consent. The child’s interest outweighed the father’s objections.
Extra first name for cultural connection
Parents wanted to give their child an extra first name that was common in their country of origin. That name had already been used in family circles for years.
The court honored this request, partly because the new name strengthened the child’s identity and caused no confusion.
(Specific names and details have been anonymized; in our cases, the interest and protection of the child are central.)
Frequently asked questions about first name changes for children
Yes. For a minor child, the first name can only be changed through a petition procedure at the court, submitted by a lawyer.
From the age of 12, a child is always heard and must consent themselves. Younger children can express their wish; parents then submit the request on the child’s behalf.
If you have joint parental responsibility and the other parent refuses, you can ask the court for substituted consent. The court then assesses whether the name change is necessary and in the best interest of the child.
After the request is granted, the name is updated in the BRP. Subsequently, the school, GP, and other institutions can adjust their records. We explain the steps you can take for this.
In exceptional cases, a second change is possible, but the court will then be extra critical. The interest of stability for the child carries significant weight.
In addition to this child-specific information, would you like to read the general overview of the procedure, requirements, and costs?
Then view our extensive page First name change.
Who are our Attorneys and Mediators
During the handling of a first name change for minors, you will be guided by a lawyer with experience in name law and custody matters.
Carla Simmelink – Family Law Attorney, International Family Law and Inheritance Law
Family Law Attorney, International Family Law and Inheritance Law
Valerie Lingg – Family Law Attorney, International Family Law
Family Law Attorney, International Family Law
Eva Zaunbrecher-Boschloo – Family Law Attorney, International Family Law
Lawyer at Law (International) Family Law
Please provide the text you would like to have translated to English.In cases concerning a child’s name, law, emotions, and parenthood all play a role simultaneously. Our task is to bring structure and peace to the situation – and to clearly present the child’s interests to the court. Please provide the text you would like to have translated to English.
Mr. Carla Simmelink, lawyer
How Simmelink Lawyers guides you
At Simmelink Lawyers, we combine legal expertise with a keen eye for the emotional and practical side of name changes for children:
- specialized lawyers in name law, family law, and international situations
- experience with conflicts between parents, parental responsibility, and substituted consent
- attention to the position of the child – not just on paper, but in practice
- clear explanations in understandable language, so you know exactly where you stand
- a strategic approach: which documents are needed, what to highlight and what not to, and how to deal with the other parent
Do you want to change your child’s first name?
Are you unsure if the court will grant your request, or are you worried about the other parent’s reaction or the impact on your child?
We think along with you, map out the situation, and provide honest and concrete advice on the feasibility and the best route.
