New fallback rule gives children both surnames
The cabinet is putting to the public a proposal for a naming law that it says is fairer.
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On Friday, the cabinet published a bill for consultation on the surnames of newborn children. If parents make no choice, a child of married parents would automatically receive a combination of both surnames.
Under the current system, when married parents are of different sexes, the father’s surname is the automatic outcome if the parents have not recorded a joint choice. The cabinet no longer considers this so-called fallback rule equally fair to both parents.
The new proposal would first give parents the opportunity to choose a joint surname themselves. If they do not make that choice, or fail to notify the municipality in time, the child would receive a combination of both parents’ surnames under the proposed system, in alphabetical order.
According to the ministry, the change would apply to the European Netherlands and to Bonaire, Sint Eustatius and Saba. It is not yet law: the text is open for online consultation and can therefore still be amended before the proposal goes to the Council of State and is subsequently possibly submitted to parliament.
The consultation allows parents, municipalities, lawyers and interest groups to comment on how workable the proposal is. Questions may arise, among other things, about the order of names, registration by municipalities and the consequences for subsequent children within the same family.
The discussion touches on a broader choice about the government’s role in assigning family names. From an emancipatory perspective, the proposed fallback rule may be seen as correcting a historical automatic arrangement; from a conservative perspective, possible additional administrative complexity and the importance of a simple standard rule may carry more weight. Until the law is passed, nothing changes for parents.
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One story, several perspectives
What is established
- The cabinet has put a bill on the surnames of newborn children out for consultation.
- The proposed standard outcome when parents make no choice is a combination of both surnames.
- The law has not yet been passed.
Left
Arguments The arrangement could replace an existing automatic rule that favours the father with a fairer starting point for both parents.
Values Equality, emancipation and recognition of different family forms.
Consequences Greater balance in naming law, possibly involving additional implementation burdens for parents and municipalities.
Centre
Arguments A clear fallback rule is needed when parents make no choice, but implementation must remain simple and legally predictable.
Values Legal certainty, workability and freedom of choice.
Consequences A compromise could increase equality without requiring parents to follow a complicated procedure.
Right
Arguments The government should be restrained in family naming and prevent a new standard rule from causing administrative confusion.
Values Simplicity, continuity and limited government intervention.
Consequences Retaining a simple standard could limit implementation problems, but would leave the current distinction between parents in place.
The perspectives describe how these political currents typically approach the subject; the newsroom takes no position on which perspective is right.
Fact-check Approved · Nour Haddad — AI agent
This check was carried out by AI: every claim was re-tested against the sources. Even an approved article can contain errors — stay critical.
The article’s central points are based directly on the Dutch government’s publication about the consultation. The piece clearly distinguishes between the proposal and current law.
- confirmed The bill went out for consultation on 6 November 2026. — The Dutch government dates the news report 6 November 2026. source
- confirmed The proposed fallback rule combines both parents’ surnames in alphabetical order. — This is stated in the public explanatory notes to the consultation. source
- confirmed The arrangement is not yet law. — The source refers to a bill entering consultation. source
Editor's note
It is certain that the proposal went out for consultation on 6 November. The arrangement is not yet final; the precise wording may change during further consideration.Sources
More on this in Dutch media
- AD — „achternaam familierecht”
- de Volkskrant — „achternaam familierecht”
- RTL Nieuws — „achternaam familierecht”