The Danish Act on Names

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Part 1

Last names

Last name at birth

1.–(1) The person or persons with parental responsibility for a child must, no later than six months after the birth of the child, choose a last name to which the child is entitled pursuant to sections 2–4 or 6–8.

(2) If the child is not named within the deadline specified in subsection (1), the child will be given the mother´s last name. This does not apply, however, if the mother´s last name has been adopted pursuant to section 7(1)(i) or (ii). In such cases, the child will be given the mother´s first name with the suffix -søn (son) or -datter (daughter) depending on the gender of the child, see section 7(1)(i).

Unprotected last names

2.–(1) Last names borne by more than 2,000 individuals in are not protected and may be adopted by any individual. Last names which were once unprotected cannot subsequently be protected pursuant to section 3.

(2) The Minister for Family and Consumer Affairs will specify more precise rules pertaining to the application of subsection (1). Every year, the Minister for Family and Consumer Affairs will publish a list of names that are not protected pursuant to this provision.

Protected last names

3.–(1) Last names borne by 2,000 individuals or less in are protected and cannot be adopted by other individuals (please refer, however, to subsection (2)).

(2) The protection does not apply to names covered by section 2(1), second sentence, and does not prohibit individuals from adopting a name pursuant to sections 4, 5 or 7–9.

Ties of kinship or other ties to last names

4.–(1) A name may be adopted as a last name provided one of the following conditions is met:

(i) The name has previously been the applicant´s last name.

(ii) The name is, or has been, borne as a last name by one of the applicant´s parents, grandparents, great-grandparents or great-great-grandparents.

(iii) The name is, or has been, the applicant´s middle name.

(iv) The name is the last name of the applicant´s mother´s or father´s current or former spouse, provided the consent of the stepfather or stepmother concerned is obtained. A cohabitant shall be considered a legal spouse provided the conditions in section 5(2) are met.

(v) The name is the last name of the applicant´s current or former foster mother or foster father, provided the consent of the party concerned is obtained.

(vi) The name is a last name which the applicant is entitled to adopt pursuant to the other provisions in this part, with a modification of the gender-determined ending of the name if the name is rooted in a culture that permits this.

(vii) The applicant knows and has obtained the consent of all individuals in who bear the name as their last name.

(2) A name cannot be adopted pursuant to subsection (1)(ii)–(vii), however, if the last name which has been chosen has been adopted pursuant to section 7(1)(i) or (ii).

(3) Nor can a name be adopted pursuant to subsection (1)(iii) if the applicants middle name has been adopted pursuant to section 11(1)(iv).

(4) Nor can a name be adopted pursuant to subsection (1)(vi) if it denotes a member of the opposite gender in relation to the individual who intends to adopt the name. The Minister for Family and Consumer Affairs may specify rules that exempt transsexual individuals from the provision in the first sentence.

(5) The Minister for Family and Consumer Affairs may specify more precise rules pertaining to consent, see subsection (1)(iv), (v) and (vii). If the name that an individual wishes to adopt pursuant to subsection (1)(vii) is borne by a child aged 12 or more, then the consent of the child in question must be obtained. The Minister for Family and Consumer Affairs may, if circumstances warrant, exempt individuals from the requirement for consent in subsection (1)(iv) and (v).

Last names of spouses and cohabitants

5.–(1) If spouses wish to bear the same last name, one spouse may adopt the last name of the other with the latter´s consent, unless that name has been adopted pursuant to section 7(1)(i) or (ii).

(2) The same applies to individuals who are not married but who declare that they live together as a married couple, and who have either lived together for a minimum of two years or have children under the age of 18 together who bear or will bear the name concerned as their last name.

Newly created last names

6.–(1) A name which is not used as a last name in may be adopted as a last name unless it:

(i) is easily confused with a protected last name, see section 3,

(ii) forms part of, or may easily be confused with the name of a company, an association, a trademark or similar which has been registered pursuant to subsection (2),

(iii) is the commonly known name of an artist or performer, registered pursuant to subsection (2) or easily confused therewith,

(iv) is the name of a commonly known foreign or historical person or easily confused therewith,

(v) is a proper first name,

(vi) is unsuitable for use as a last name in , or

(vii) is inappropriate or may cause offence.

(2) Individuals who are entitled to bear one of the names mentioned in subsection (1)(ii) and (iii) may notify the Minister for Family and Consumer Affairs accordingly. The Minister for Family and Consumer Affairs publishes a list of names registered pursuant to the first sentence.

Patronymic names and other last names

7.–(1) The following names may also be adopted as a last name:

(i) the first name of either parent, with the suffix -søn (son) or -datter (daughter),

(ii) the first name of either parent, with another prefix/suffix to denote kinship if the name is rooted in a culture which permits this, or

(iii) the first name of either parent, a grandparent or spouse if the name is rooted in a culture which does not distinguish between first and last names. A cohabitant shall be considered a legal spouse provided the conditions in section 5(2) are met.

(2) A last name which has been adopted pursuant to subsection (1)(i) and (ii) may not denote the opposite gender in relation to the individual who will bear the name.

(3) The Minister for Family and Consumer Affairs may specify more precise rules pertaining to the conditions specified in subsection (1). The Minister for Family and Consumer Affairs may also specify rules that exempt transsexual individuals from the provision in subsection (2).

Double last name

8.–(1) Two names, both of which may be used individually as a last name, may together be adopted as a last name if the names are joined by a hyphen.

(2) A last name which consists of several names joined by hyphens shall be considered as a single last name in relation to the other provisions of the Act.

(3) An individual who bears a last name consisting of several names joined by hyphens may choose to drop one of the names concerned.

(4) An individual who bears a last name consisting of several names which are not joined by hyphens may choose to drop one of the names concerned. The Minister for Family and Consumer Affairs may specify rules that exempt individuals from the provision in the first sentence.

Adoption

9.–(1) Upon adoption, the adoptive child acquires the last name of the adoptive parent or parents pursuant to the rules in section 1. It may be decided in the adoption order, however, that the child is to retain his or her existing last name.

(2) The provisions in subsection (1) shall also apply if the child has been adopted under a foreign adoption order acknowledged in accordance with section 28(2) of the Danish Adoption Act.

(3) An adoptive child is entitled to adopt a last name from his or her adoptive parent´s or parents´ family or from his or her original family pursuant to the provisions in this part.

(4) The child shall retain the right to bear a last name acquired on the basis of adoption following the nullification of such adoption.

Annulment of last name

last name will be annulled if another last name is adopted.

Part 2

Middle names

11.–(1) The following names may be adopted as middle names:

(i) A name which has previously been the applicant´s middle name.

(ii) A name which the individual concerned is entitled to adopt as a last name.

(iii) A name which is or has been borne as a middle name by the applicant´s parents, grandparents, great-grandparents or great-great-grandparents.

(iv) A name which may be adopted as a first name pursuant to section 13(1) regardless of the gender denoted by the name concerned.

(v) A name borne as the middle name of the applicant´s mother´s or father´s current or former spouse, provided the consent of the stepfather or stepmother concerned is obtained. A cohabitant shall be considered a legal spouse provided the conditions in section 5(2) are met.

(vi) A name borne as the middle name of the applicant´s current or former foster mother or foster father, provided the consent of the party concerned is obtained.

(vii) A name borne as a middle name or last name by the spouse of the individual in question, provided the consent of the spouse is obtained. A cohabitant shall be considered a legal spouse provided the conditions in section 5(2) are met.

(2) A middle name cannot be adopted pursuant to subsection (1)(vii) if the name in question is a patronymic name, see section 7(1)(i) or (ii). Nor can a middle name be adopted pursuant to subsection (1)(iii) and (v)–(vii) if the name in question is a middle name adopted on the basis of a patronymic name, see section 7(1)(i) or (ii). Nor can a middle name be adopted pursuant to subsection (1)(i), (iii) and (v)–(vii) if the name in question is a middle name adopted pursuant to subsection (1)(iv).

(3) The Minister for Family and Consumer Affairs may specify more precise rules on consent, see subsection (1)(v)–(vii). The Minister for Family and Consumer Affairs may, if circumstances warrant, exempt individuals from the requirement for consent in subsection (1)(v) and (vi).

(4) A middle name may be dropped. A middle name will be annulled if it is adopted as a last name.

(5) An adoptive child is entitled to adopt a middle name from his or her adoptive parent´s or parents´ family or from his or her original family pursuant to the provisions in this part. The child shall retain the right to bear a middle name acquired on the basis of adoption following the nullification of adoption.

Part 3

First names

12.–(1) All individuals must, as a minimum, have one first name.

(2) The person or persons with parental responsibility for a child must, no later than six months after the birth of the child, choose a first name to which the child is entitled pursuant to sections 13 and 14.

13.–(1) Any name included on the list mentioned in section 14(1) and approved pursuant to section 14(3) may be adopted as a first name.

(2) A first name may not denote the opposite gender in relation to the individual who will bear the name. The Minister for Family and Consumer Affairs may specify rules that exempt transsexual individuals from the provision in the first sentence.

14.–(1) The Minister for Family and Consumer Affairs publishes a list of names for boys and girls which may be adopted without approval pursuant to subsection (3).

(2) The list mentioned in subsection (1) includes names which are or have been common in , and names approved pursuant to subsection (3).

(3) Names that will be approved upon application are names that:

(i) are proper first names,

(ii) are not unsuitable for use as a first name in , and

(iii) are not inappropriate and that will not cause offence.

(4) The Minister for Family and Consumer Affairs may specify more precise rules pertaining to the publication and content of the list mentioned in subsection (1), and the provisions mentioned in subsections (2) and (3).

first name may be dropped provided the applicant retains or adopts another first name.

Part 4

Jurisdiction and complaint procedure, etc.

Procedure for naming and the changing of names

16.–(1) Applications pertaining to the naming of individuals or the changing of names must be submitted to the church registrar. In , however, applications must be submitted to the civil registrar.

(2) The church registrar (civil registrar) will make a decision in every case, see however subsections (3) and (4). The church registrar (civil registrar) will forward the application to the state administration if a case is to be decided by the state administration.

(3) The state administration will decide on cases involving the naming of individuals or the changing of names in accordance with the following provisions:

(i) Last names pursuant to section 4(1)(vii), section 6, section 7(1)(ii) and (iii) and changes to last names pursuant to section 4(1)(vi),

(ii) middle names pursuant to section 11(1)(ii) if the name is adopted pursuant to one of the provisions listed in (i),

(iii) first names pursuant to section 14(3), and

(iv) names pursuant to section 24.

(4) The Minister for Family and Consumer Affairs may, following negotiations with the Minister of Ecclesiastical Affairs, stipulate that decisions in cases other than those outlined in subsection (3) must be made by the state administration. The Minister for Family and Consumer Affairs may, following negotiations with the Minister of Ecclesiastical Affairs, also stipulate that certain types of decisions, covered by subsection (3), should nevertheless be made by the church registrar (civil registrar).

17. The state administration will provide guidance on questions concerning this Act as appropriate.

18. The naming of individuals by christening may, outside , take place in the established church or in a recognised religious community.

19. The naming of individuals or the changing of names pursuant to this Act may also be effected by an adoption order.

20. The Minister for Family and Consumer Affairs may stipulate more precise rules on the handling of cases pertaining to the naming of individuals or the changing of names. The Minister for Family and Consumer Affairs may, in this connection, stipulate that the provisions on access to documents in the Danish Access to Public Administration Files Act (Lov om offentlighed i forvaltningen) and the Danish Public Administration Act (Forvaltningsloven) should not apply to information obtained from the Civil Registration System as part of the processing of applications pursuant to section 4(1)(vii) which pertains to individuals other than the individual covered by such application.

21.–(1) Decisions on the naming of individuals and the changing of names pursuant to this Act may be appealed to the Minister for Family and Consumer Affairs.

(2) The Minister for Family and Consumer Affairs may stipulate rules on complaint handling procedures.

22.–(1) Changing a child´s name requires the consent of the child if that child has turned 12.

(2) If the child is under the age of 12, his or her attitude to the change in name must be ascertained to the extent that this is possible given the child´s maturity or level of understanding and the nature of the case. The child´s attitude to the suggested change in name must, in so far as possible, be taken into account when a decision is made.

(3) In exceptional cases, the change of name may be agreed by the state administration even though consent pursuant to subsection (1) has not been obtained.

Consultation with non-custodial parents

23.–(1) If a child bears the same middle name or last name as a non-custodial parent, a declaration from said non-custodial parent must be obtained prior to a decision to change the name in question. This also applies if the child bears the first name of the parent concerned as a middle name or last name.

(2) The duty of consultation in subsection (1) shall not apply if the act of obtaining the declaration specified in subsection (1) may be deemed to cause significant damage to the child or unduly delay the case.

(3) An application to change a child´s middle name or last name may be refused if it goes against the best interests of the child or the parent that has submitted a declaration pursuant to subsection (1).

Relationship between Danish and foreign naming legislation etc.

24.–(1) A foreign national may, upon application, be permitted to change his or her name in accordance with the adoption of a name or a change of name effectuated pursuant to legislation in the individual´s country of citizenship, unless otherwise specified under section 25(2) or (3). A name may not be adopted pursuant to the first sentence, however, if it is inappropriate or may cause offence, or if it is unsuitable for use as a name in .

(2) The Minister for Family and Consumer Affairs may specify more precise rules about the provisions for name changes pursuant to subsection (1).

25.–(1) The Government may enter into an agreement with other countries regarding the relationship between Danish and foreign legislation on personal names, including the protection of names and the naming legislation to be applied to foreign nationals living in Denmark, and to Danish nationals living abroad.

(2) The Minister for Family and Consumer Affairs may specify rules on compliance with the agreements mentioned in subsection (1).

(3) The Minister for Family and Consumer Affairs may also specify rules pertaining to the relationship between the rules on personal names in and the other Nordic countries, including the rules on the protection of names. The Minister for Family and Consumer Affairs may also, following negotiations with the Home Rule Government of the Faroe Islands, specify rules as mentioned in the first sentence for the relationship between naming legislations in and the .

Penal provisions, etc.

26.–(1) Individuals who use a name to which they are not entitled will be punished by a fine. Objection will only be raised if requested by an aggrieved party, or when the general interest so requires.

(2) Non-compliance with section 12(2) will be punished by a fine.

27. An individual who can present evidence that another person is using his or her name, or a name which is so similar that it may be confused with his or her name, without being entitled to do so, may demand that the other person be ordered to cease using said name by a court ruling.

Changes to other legislation

28. Act no. 193 of 29 April 1981 on personal names is hereby repealed.

29. The Civil Registration System Act, see Consolidation Act no. 140 of 3 March 2004, will be modified as follows:

(i) Section 5(8) is hereby repealed.

Commencement and transition provisions

30.–(1) The Act will come into force on 1 April 2006. Any application for a certificate of change of name submitted to the county governor´s office prior to this date will be processed by the state administration pursuant to the provisions of this Act. The public administration will refund any amounts paid pursuant to sections and 17 b in the previous Act on Names.

(2) Names that are protected pursuant to section 7(2)(ii) and (iii) of the previous Act on Names will remain protected for six months after the date on which the new Act comes into force without the need for a renewed application pursuant to section 6(2).

(3) An address middle name registered in the Danish Civil Registration System before the Act came into force may remain registered in this system until the individual concerned changes his or her middle name or last name, or until the address middle name is dropped upon application from the registered individual.

(4) The Minister for Family and Consumer Affairs may specify that individuals who have obtained permission to bear a name as a second or later first name can only drop the first first name provided the individual concerned retains or adopts another second first name which meets the conditions in section 13.

(5) If paternity has been established or acknowledged in accordance with the rules in force prior to 1 January 1938, or if a maintenance obligation alone has been established, then name changes pursuant to section 4(1)(ii) to the father´s name or to the name of the individual liable for payment, can only be permitted given the consent of the father or the individual liable for payment.

31. Any suggestions for changes to the Act must be submitted to the Folketing during the parliamentary year 2008–09.

32. The Act does not apply to the Faroe Islands or Greenland, but may be put into force in Greenland by royal decree, with the derogations required by the special circumstances that apply to .

Publiceret: 22-03-2006

Sidst opdateret: 07-05-2009