Judgment of the East Brabant District Court of June 30, 2020
Location: rechtspraak.nl (ECLI:NL:RBOBR:2020:3370).
The petitioner is transgender and was born female. In the past, he had his gender changed through the municipality, and his original name, Sanne, was changed to a more gender-neutral name.
The petitioner now experiences (serious) inconvenience in daily life due to his current first name. He deeply regrets his choice of name at that time. He chose the new name because it was original and unique, but now finds it problematic as it is frequently misread or mispronounced. This causes significant disturbance in his daily life, and he is often asked how to pronounce his name.
Recently, the petitioner discovered that his name has a negative meaning in a particular language when he encountered a foreign colleague at work. Since then, he has been laughed at at work because of his name. All these facts and circumstances led the petitioner to decide to go by a new nickname. He hardly uses the name he changed through the municipality anymore.
The period around the gender change was a charged time for the petitioner. Now, his name once again brings him into negative conflict with his identity. As a result, he is currently depressed and taking antidepressants.
The petitioner wishes to choose a name through this request that does not disturb him in daily life and allows him to participate normally in society. He chooses the name Demi.* He finds this name suitable for him and it is a unisex name.
Considering the facts stated above, the petitioner believes he has a sufficiently significant interest in this request, as intended in art. 1:4 BW. He is of the opinion that the societal interest in consistent handling of names should be considered subordinate to his interest in this case. The requested first name change can allow the petitioner to make a new start in his life and rediscover his identity.
The court, after an oral hearing, denies the request. The reason for denial is – briefly summarized – that the court believes the desired new first name is not unisex, but predominantly female. The court opines that the likelihood of bullying could increase if the petitioner were to take on the name Demi.
- The actual first name has been fictionalized
