Babies will not automatically get both surnames if parents cannot agree

The Cabinet wants to end the automatic assignment of only the father’s surname to children when parents cannot agree on a name. A motion to that effect, adopted by Pro and D66, has been turned into a draft bill that will enter public consultation in January. Stakeholders will then have the opportunity to submit comments before the bill is formally introduced.

Currently, at birth registration, parents may already choose which surname their child will bear, including a double surname. If they make no choice - for example, because they cannot aree - the law currently determines the name. For married parents it is the father’s name; for unmarried parents it is the mother’s name.

Under the proposed legislation, the child would, in such cases, always receive both surnames, listed in alphabetical order. The Ministry of Justice and Security describes the change as a “gender-neutral arrangement in which both parents are treated equally.” Parents would also retrain the right to select a different name within one year.

A court may grant an exception to the new rule if giving the child both surnames would not be in the child’s best interest. “This could apply, for instance, in the case of a high-conflict divorce or when the parents have separated and the mother is a victim of coercive control or domestic violence by the father.”

In June 2026, MPs Songül Mutuler (Pro) and Jan Paternotte (D66) proposed the bill. “This is an important victory for women and for equality,” said Mutuler. “With our proposal we urged the Cabinet to address this inequality. It is good to see that effort now reflected in a concrete bill - and that attention is also being paid to situations of intimate terror, in which a surname can be used as an instrument of power and control.”