Can my children take their stepfather's name?
Can my children take their stepfather's name?
"I'm about to get married to the father of my youngest son. I have two daughters from a previous relationship who bear my name because their father and I weren't married. Is it possible for my future husband to adopt my two daughters? And will they be able to carry his name after our marriage so that we all have the same name?
Ana, Geneva
A child born out of wedlock acquires the surname of its mother. The fact that his genetic father has recognised him or that a paternity judgment has been handed down has no effect on his surname. However, if the parents subsequently decide to marry, the child will be able to take his father's surname, provided that paternity is established by an acknowledgement or a judgement. Note that the parents' divorce has no effect on the child's name, even if the mother takes back her maiden name. Your son will therefore be able to bear your future husband's name after your marriage.
However, if you want your two daughters to bear your new husband's name, he will have to adopt them. Under article 264a of the Civil Code, a spouse may adopt his or her spouse's child if he or she has been married to the spouse for five years. However, this can only be done with the consent of the child if he or she is capable of discernment and with the agreement of the father, unless it can be proved that the father did not show serious concern for the child. In principle, adoption by a stepfather or stepmother is difficult for children, who then lose the family link with the genetic father's family. Another solution, which would be an alternative to adoption, is to change the child's name. It may be considered to be in the child's best interests to bear the same surname as the mother and stepfather. On the other hand, the authorities will not easily grant such a change of name if the biological father maintains regular personal relations with the child; it would not then be in the child's best interests to sever this link.
Hello, my husband recognised my son at the town hall before our marriage. My son is 29 years old and can take his father's name. He has been in contact with his father for 4 years.
In principle, your 29-year-old son can apply to take his father's name on the basis of art. 30 para. 1 CC, but the competent authority will only accept such a change if there are good grounds. According to case law, the private interest of the applicant must outweigh the public interest in the stability of the name in order to justify the change of name. The fact that your son is an adult, did not grow up with his father and is invoking mainly emotional reasons, may constitute a significant obstacle.
As each situation is unique, a case-by-case analysis is needed to assess the chances of success.
Hello, I have two children from my first marriage. I have started my life again with someone we are going to marry and I would like to know if my children will be able to bear the surname of their stepfather, knowing that their biological father is deceased.
Dear Madam,
Yes, your children will be able to bear your future husband's name, but not automatically. There are two possibilities: firstly, your husband may adopt them after your marriage, which will give them his surname (art. 264c ff CC). On the other hand, you can apply to the cantonal authorities for a change of name if there are legitimate reasons for doing so, in particular the children's interest in bearing the same name as their new family, and with the child's consent if he or she is over the age of 12 (art. 30 and 270b CC).
These two options must each be assessed on the basis of your specific situation.
Exct. Pascal Rytz
The father of my 14-year-old daughter died 2 years ago. I haven't heard from him for 11 years. I'd like my daughter to have my husband's surname (we've lived together for 10 years without marriage). Is this possible?
Dear Madam,
In your situation, your partner cannot automatically pass on his name to your daughter. An adoption of your daughter by your cohabitee could allow this change of name, but a number of requirements would have to be met, including the fact that he or she has been living with you for at least three years and maintains a close relationship with her, and the consent of your daughter and the biological father (subject to exceptions, including the one mentioned in this article); your daughter would then take his name (art. 264c et seq CC). Without an adoption, you can apply to the cantonal authorities for a change of name on "legitimate grounds", such as your daughter's interest in bearing the same name as her family (art. 30 and 270b CC), and always with her consent as she is over 12 years old.
These two options must each be assessed on the basis of your specific situation.
Exct. Pascal Rytz
Hello here is my story I am in couple with madam when I was in couple with her the little one was 8 months old now she is 4 years old it is me that it raises them, Her biological father recognised her but was never there for her, neither for her needs nor in her life. Everything went before the judge and the biological father lost all rights over the little girl, so I always wanted to be her adoptive father so that she could bear my name and have a real adoptive father with the agreement of the mother.
Thank you for consulting our articles and for contacting us.
From what you describe, we understand that you have been raising your wife's child for several years and that you are wondering whether it would be possible for you to become the child's legal (adoptive) father, with your wife's consent.
At this point, we would like to stress that each family situation is very specific and that the possibility, conditions and consequences of an adoption depend on various factual and legal elements, including the family situation, the child's legal parentage and the applicable law. For this reason, it would not be appropriate to provide definitive legal advice without a careful and comprehensive examination of your personal situation.
That said, you may find it useful, for initial background information, to consult the following article, which deals with the subject of adopting a stepchild and outlines some key considerations: https://www.espace.legal/publications-juridiques/comment-adopter-la-fille-de-sa-femme/
If you would like personalised advice and a proper assessment of your situation, we would be delighted to welcome you to our firm. Opening a mandate would allow us to examine your case in detail, answer your questions in detail and explain the possible options and next steps, if any.
Yours faithfully,
Espace Legal
Hello, I've been in a relationship for 6 years and I have a 7-year-old daughter from a previous relationship, but the biological father didn't recognise her and was never present, My partner recognised my daughter at the town hall when she was 3 years old and now we'd like her to bear my partner's name so that we can have the same name as her brother and sister, who I subsequently had with my partner, but we're not married so I don't know if this is possible and where to start. Is this done at the town hall or do we have to go to court as we're both in agreement and so is the child?
Dear Madam,
Thank you for your message.
Your wish to harmonise your daughter's name with that of the rest of the family is entirely understandable. In practice, this is possible, but it generally requires a formal procedure with the civil status authority in your canton. So it's not just a formality to be carried out, even if you all agree on the principle.
Each situation is examined on a case-by-case basis, and a number of factors may be taken into account, including the child's age and family circumstances. It is therefore advisable to prepare your application well in advance.
We'd be delighted to help and guide you through the process, so that you have every chance of success.
With our best wishes,
The Espace Legal team
Hello,
My wife has 2 children with her 1st partner. When we got married 11 years ago, the children were 13 because they were fraternal twins. I brought them up and considered them as my own children. Today they're 24 and would like to adopt my name as they don't know their father. What steps do I need to take?
Dear Sir,
Thank you for your message and for sharing your situation.
Now that your children have reached the age of majority, they can apply to the relevant authority in their canton to take your name. Alternatively, adoption (even as an adult) may also be considered in certain situations, with effects on the name in particular.
As each case is examined on its own merits, we would be happy to assist you with these steps as part of a mandate.
With our best wishes,
The Espace Legal team