Stop automatically giving babies the father’s surname: Majority of MP’s
A majority in the Tweede Kamer is expected to support a proposal ending the automatic assignment of a father’s surname to a child when parents cannot agree on a last name, NOS reports. The current rule stems from the traditional practice of children born within marriage taking their father’s surname.
Lawmakers Songül Mutluer of GroenLinks-PvdA and Jan Paternotte Sneller of D66 have proposed scrapping the so-called “fallback rule,” under which a child receives only the father’s surname if parents fail to reach an agreement. The motion, due for a vote today, is expected to receive support from VVD, CDA, and JA21, giving it a majority.
Under their proposal, the automatic assignment would be replaced as quickly as possible with a system treating both parents equally, for example, by giving a child both parents’ surnames in alphabetical order.
“The current fallback rule does not align with contemporary views on equality between parents,” Mutluer and Sneller said. They also argued that the existing system can be misused to pressure a partner in cases involving coercive control and intimate partner abuse.
Since 2024, Dutch law has allowed children to receive a combined surname, but only with the consent of both parents. Mutluer and Sneller say that this requirement can create a deadlock when separated parents disagree, so they also propose a formal dispute-resolution mechanism.
Women’s rights organization Bureau Clara Wichmann welcomed efforts to change the law, saying mothers continue to be disadvantaged under the current system. The organization said some fathers use their consent for adding a second surname to pressure former partners during post-separation disputes.
