THE HAGUE--The Dutch government has unveiled proposed legislation that would end the longstanding practice of automatically giving children the father's surname when married parents fail to make a different choice. Instead, newborns would receive a combination of both parents' surnames, marking a significant change in Dutch family law intended to place mothers and fathers on equal footing.
The proposal, announced by the Ministry of Justice and Security on November 6, would replace the existing default naming system with a gender-neutral arrangement. It would apply to the Netherlands and the islands of Bonaire, St. Eustatius and Saba.
Under current Dutch law, married heterosexual couples and registered partners can jointly choose whether their child receives the father's surname, the mother's surname or a combination of both. However, when parents do not make a choice or fail to register one in time, the law automatically assigns the father's surname. For unmarried parents, the default is generally the mother's surname.
The proposed legislation would eliminate that unequal treatment by establishing a single default rule. When parents fail to agree on a surname or do not formally register their preference, their child would automatically receive both parents' surnames arranged in alphabetical order.
Importantly, the legislation would not require every newborn to carry two surnames. Parents who agree on a name would retain the freedom to choose the father's surname, the mother's surname or a combination of both. The automatic double surname would apply only when no valid joint choice has been registered.
The proposal builds on reforms introduced in January 2024, when the Netherlands began allowing parents to give their children a combination of both family names. The latest initiative goes further by changing what happens when parents cannot agree.
Another significant change would simplify the registration process. Currently, parents generally must appear together before municipal civil registration officials to formally select their child's surname. Under the proposed system, the person registering the birth could communicate the parents' agreed choice, while a written consent form would provide another option.
Parents would also receive additional time to reconsider their decision. The proposal would allow them to jointly select a different surname within one year of their child's birth, providing greater flexibility than the existing arrangement.
The legislation also addresses circumstances involving parental conflict, coercion and domestic violence. Where parents cannot agree, the combined surname would remain the legal default, but a judge could authorize another arrangement if carrying both surnames would not serve the child's best interests.
Such exceptions could become particularly relevant in contentious separations or situations where one parent has experienced controlling behavior or domestic abuse. The government acknowledges that a child's surname should not become an instrument of intimidation or control.
The proposed changes follow a parliamentary initiative by Dutch lawmakers Songül Mutluer and Joost Sneller, who called for the existing default naming rule to be replaced with a system providing equal treatment for parents.
The legislation has not yet been enacted. A public consultation opened on November 6, 2026, and will continue until January 10, 2027, allowing individuals, organizations and other interested parties to submit comments.
Following the consultation period, the government will review the feedback and refine the proposal before submitting it to the Council of State for advice and subsequently to the Dutch Parliament.
