# Married parents in the Netherlands would no longer default to the father's surname

> A draft law now open to public comment would end the automatic use of the father's name for married couples. Instead, the child would get a double-barrelled name, with the surnames in alphabetical order.

Society · published 2026-11-06 16:20 · https://nlnow.nl/a/dutch-parents-would-share-equal-say-over-a-newborn-s-surname/

The cabinet has put a draft law on newborns' surnames out for public consultation. It wants both parents treated equally when a child's surname is fixed. The rules would apply in the European Netherlands and in Bonaire, Sint-Eustatius and Saba (the Caribbean Netherlands).

**Why it matters**

- If parents do not choose together, the child would get both parents' surnames in alphabetical order, whatever their sex or marital status.
- Both parents would no longer have to go to the municipal counter to choose a name.
- Parents could choose a different surname together within a year of the birth.

Parents can choose a surname together before or at the birth registration of their first child. If they make no choice, or do not register it with the municipality in time, the law decides. Now the default for married parents of different sexes is the father's surname. For unmarried parents it is the mother's.

Choosing a name would also get simpler. The person registering the birth can state which name the parents chose. A choice can also be recorded on a consent form, which works like the consent for recognising a child.

Parents can take a dispute about the surname to a judge within the first year. If they disagree, the child would by default get both surnames in alphabetical order. The judge can deviate from this if it is not in the child's interest, for example in a bitter divorce dispute (vechtscheiding) or where the mother is a victim of coercive control or domestic violence by the father.

**What happens next**

1. Until 10 January 2027, anyone can respond to the draft in the consultation.
2. After that, the draft will be improved using the responses, then sent to the Council of State (Raad van State) for advice.
3. Then it goes to the Tweede Kamer, the lower house of parliament.

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