Within five days after the birth of our youngest little one, we recently went to the lively Otrobanda where Public Affairs (‘Kranshi’) is located. You can probably guess what we had to do—we had to “register” our brand-new son, as it is called locally. This is because it is legally required to report life events that take place in Curaçao, such as marriage, death, divorce, and birth.
Thus, our trip to Kranshi became our first outing with the baby, even though I was still physically recovering from childbirth. On the way, we discussed some legal implications of the birth registration and acknowledgment, including the right to a first and last name, the establishment of a legal bond (family-law relationship), and the maintenance obligation.
Once we arrived at Kranshi, to my great relief, we were immediately able to proceed and take a seat on a bench in the cool hall near the registration counters. While waiting our turn, I decided to browse some case law on my mobile phone, and by the time it was our turn, I was chuckling at some “funny names” such as “Yvette Kip,” “Constant Lam,” “Henny Spekken-Bonen,” and “Connie Comen.”
We approached the counter of the civil registrar and proudly provided our son’s given and family names. While the registrar carefully recorded the information, my thoughts wandered to the scenario in which our son might not identify with the names we chose for him in the future. I immediately considered that, in such a case, he could invoke Article 7 of Book 1 of our Civil Code, under which a person’s family name may be changed at his or her request or at the request of the legal representative by royal decree. According to the fourth paragraph of Article 4 of Book 1 BW, a person’s first name may be changed by court order at the request of the person or their legal representative.
For a request to change a first name to be granted, it is first required that the individual has a sufficiently compelling interest in the requested change, an interest that must prevail over the general interest in keeping names in the civil registers as unchanged as possible. The law does not specify when a compelling interest exists, but case law has identified certain cases as such—for example, if there is an obvious spelling error on the birth certificate, if the first name combined with the surname is ridiculous, or if someone has strong negative associations with their name. The civil registrar may also refuse to record a first name in the birth certificate if it is inappropriate. A request to change the first name of a minor must be submitted by the legal representatives. If one parent with parental authority disagrees, the other parent can still submit the request and simultaneously ask the court for substitute consent. If the other parent does not have parental authority over the child, their consent is not required. The court treats parents without parental authority as interested parties and summons them for a hearing on the request. They may also submit a statement of defense. Children aged twelve and older may also be summoned and heard at the hearing. Article 1:253a BW provides an independent legal framework for the court, which must decide in the child’s best interest. If the court grants the request for a first-name change, the civil registrar is instructed to append a page to the birth certificate indicating the change of the first name.
In short, requests to change a first name must be submitted to the court, and requests to change a family name must be directed to (the Cabinet of) the Governor of Curaçao. You should include your address, phone number, and, if applicable, an email address with the request. A copy of the birth register showing the parents’ names must be attached, along with proof of registration at Kranshi and a copy of a valid ID. The reason for requesting the name change must be justified, and if the request is made on behalf of a minor, copies of both parents’ IDs must be included. Requests may be submitted by mail, in person at the reception, or via the mailbox (kabinet@kgcur.org). The person submitting the request must have patience, as the procedure takes at least one year. Three main authorities are involved: the Cabinet of the Governor, the Office of the Prosecutor General, and the Ministry of Justice. If the request concerns a minor’s name, the Ministry of Justice will also involve the Guardianship Council and GVI Curaçao (Child Protection Institution) in the procedure. Both parents will be summoned for questioning (conducted digitally).
Please feel free to contact me at eisden@true-lawyers.com if you would like more information about requesting a change of first and/or family name.