In the Netherlands, a group of determined mothers are waging a legal battle to reform the country’s archaic naming laws. Under current regulations dating back to the Napoleonic era, Dutch children automatically receive their father’s surname unless both parents agree to use the mother’s instead. This means that women who want to pass on their own family names often find themselves at the mercy of their partner’s consent.
The issue has come to a head as the Dutch government recently amended the civil code to allow double-barrelled surnames – but only if both parents agree. For many women, this supposed step forward has only highlighted the deep gender inequities enshrined in the law.
“The law builds on a system in which mainly the father’s surname was passed on. This now disadvantages and indirectly discriminates against mothers.”
– Linde Bryk, Clara Wichmann women’s rights organization
Challenging Discrimination in Court
A number of Dutch mothers have now taken their fight to the courtroom, arguing that the current consent requirement violates their right to an effective remedy under the European Convention on Human Rights. They say that by giving fathers an effective veto over a child’s surname, the law perpetuates harmful gender stereotypes and conflicts with UN conventions on eliminating discrimination against women.
For plaintiff Rebecca Lee, passing on her Korean surname is a matter of pride and identity. “When I first went to Korea, things fell into place,” she explained. “I feel more whole.” But because her ex-husband refuses to agree, their daughter cannot take the name Lee – a situation Rebecca finds untenable. “She is with me half the time…I think she should have a bit of me.”
Parliament Takes Notice
As more women come forward with their stories, some Dutch lawmakers are starting to agree that the naming law is problematic. MP Songül Mutluer has submitted parliamentary questions, calling the father’s consent requirement “a textbook example of gender discrimination.”
“Women need to consult their partner about which surname their child will receive, in the knowledge that if they don’t agree, they will get the short straw. The law needs to be amended.”
– Songül Mutluer, GreenLeft-Labour MP
Mutluer and other critics argue that allowing double-barrelled names by default would be a simple solution. But they face an uphill battle in a country where traditional naming customs still hold significant sway. Unlike the UK, the Netherlands makes it very difficult to change one’s legal name outside of marriage.
The Power of a Name
At the heart of this legal dispute lies the often unspoken power that names can wield. Research has repeatedly shown that names act as a potent signifier of social class, ethnicity, and identity. The ability to define one’s own name – and pass it on to one’s children – is in many ways a fundamental right.
For the women now bringing their cases to Dutch courts, winning the ability to share their names is as much a matter of principle as practicality. In the words of plaintiff Annemijn Niehof, who named her daughter after civil rights icon Rosa Parks: “She should know it is important to fight for equal rights.”
A Slow Road to Reform
While the Dutch government has said it is reviewing the naming issue, concrete changes still appear a distant prospect. In the meantime, women like Rebecca Lee and Annemijn Niehof have vowed to continue their court battle, no matter how long it takes.
Their struggle is a poignant reminder of how deeply patriarchal traditions remain embedded in even the most progressive societies. But through their perseverance and determination, these mothers are forging a path towards a more equitable future – one name at a time.
