Family name after marriage: what will change in Switzerland from 2027?
1. Introduction
Dupont, Dupond, Dupont-Dupond, Dupond-Dupont, Dupont Dupond or Dupond Dupont? From January 2027, future spouses should have greater freedom in choosing their family name.
The rules governing the family name after marriage have undergone several changes. The upcoming reform aims to offer couples greater flexibility, notably by reintroducing double names.
2. Name law since the 2013 reform
The previous reform, which came into force in 2013, aimed to establish strict equality between women and men. The general rule became the retention of the birth name by each spouse.
Spouses retained the option of choosing a shared family name. However, in practice, many couples continue to choose the husband's birth name as the family name.
This 2013 reform also abolished the official double name. Only a simple customary name (not official on civil registry documents, but tolerated in everyday life) remained possible, which gave rise to much criticism and led to the new revision.
3. What will change from 2027
With the new reform planned for 2027, the principle will remain the retention of one's own family name. However, new possibilities will be offered to future spouses.
The new possibilities provided:
- Bear the future spouse's name
- Bear one of the elements of one's own double name
- Bear one of the elements of the future spouse's double name
- Bear a double name composed of a name chosen by each of the future spouses
It is important to note that the order of the names will have to be chosen, that the hyphen will be optional (names may be separated by a space), and that a maximum of two names may be borne.
4. Concrete examples of possible names
To fully understand the extent of this freedom, let's take a concrete example: Ms Lara FIRST marries Mr Marc KHAO-TUNG.
Possibilities for Ms Lara FIRST
Possible double names
Her future husband will have exactly the same possibilities.
5. What about the shared family name?
Future spouses will still be able to choose whether or not to adopt a shared name. This name must imperatively be chosen from the names borne before the marriage.
If they make this choice, the shared name will become the first family name of both spouses. A second name may optionally be added. In this specific configuration, only one of the spouses may bear a double name.
6. What name will children be able to bear?
Unlike adults, a child will only be able to bear a single family name. Furthermore, for consistency reasons, all children of the same sibling must bear the same name.
When the parents are not married:
- In the case of sole parental authority, the child will bear the name of the parent who holds authority.
- In the case of joint parental authority, the parents will have to determine together which name the child will bear, choosing from their own family names.
7. What happens for people married before 2027?
The reform includes transitional provisions. A person married before the law comes into force in 2027 will be able to declare to the civil registry that they wish to bear a double name. This change will be personal and will have no automatic effect on the children's name.
In addition, people who married before the previous 2013 reform and who bear a double name will also be able to request a change in the order of their double name.
8. Key takeaways
Reform summary
- Everyone will still be able to keep their own name.
- Double names will become possible again.
- The order of names and the hyphen will be selectable.
- A maximum of two names may be borne.
- Children will only be able to bear a single name.
- Some people already married will be able to adapt their name.
9. Being advised on name law and family law
Choosing a family name is an important decision that falls within the broader framework of family law.
LG avocats remains at your disposal to provide further information on these new provisions, or to support you in any matter relating to family law in Geneva.
