Les noms des enfants (document en anglais)

Which Name(s) for my Child?

Since the 13th century we used to give to our children their father’s surname. However, on the 20th March, after a proposition of the Minister of Justice Annemie Turtelboom, the Belgian government has passed a new draft bill that opens the way for children to be endowed with the surname of their mother. In fact, this law enables the parents to choose between four possibilities: the last name of the father or the mother or a combination of the two names in either sequence. In cases where the parents do not make a choice, the last name of the father will be given. Even though this law presents some advantages, it has several negatives aspects too.

First of all, that is important to look at the positive points this new law offers. One of them is that the law may spare children the burden of a name that is difficult to bear. It also enables to avoid names that are too common. Likewise, this law could save some surnames which are rarer. Indeed, 25% of the surnames are born by only one person and between 60 and 70% of the names disappear. Therefore, if the mother’s name is rarer than the father’s one, that is a real advantage to be able to give it to your child. But the icing on the cake is that this new law is perfect for specific situations such as single-parent or reconstituted families.

However, this law does not present only positive points. On the contrary, it has in my view several weaknesses. One of the other sides of the coin is that the choice of the name could make up a source of conflict between the child’s parents but also between the parents and their families. Indeed, the parents could be forced to justify themselves to their families as for their decision. Moreover, the new law is very complicated: there are already ten different possibilities at the second generation. As a result, the administration’s and genealogists’ work will be complicated.

But in my opinion, the real problem of the new law is the possibility for parents to give to their child his mother’s surname only. On the face of it, this change is a progress for the equality between men and women but in reality it is not. Indeed, the mother already bears her child for nine months, which creates a biological link between them. Therefore, that is necessary for the father to pass down his surname to create a symbolic link. Moreover, if this link between father and child disappears, it is likely to bring about a rising number of break-ups between them. As a result, fathers could tend

to wash their hands of home life and not to lift a finger at home to give themselves over to their career or hobbies. Even worse, they could have sexual relations without worrying about the risk of pregnancy as they do not need to give their name. This situation would be catastrophic for women and particularly for the poorest ones.

All things considered, this new law has many pros and cons. It is perfect to avoid names that are too common or too embarrassing and it fits perfectly with specific family situations. However, this change can lead to several problems such as conflicts. It can also have really bad consequences when the father’s name is excluded. That is why, in my view, this last possibility should not be permitted.

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