Judgment of the North Holland District Court dated January 13, 2023

On January 13, 2023, the North Holland District Court issued a ruling in a case concerning the change of a minor’s first name. The mother, as the legal representative of the minor, requested a change of the minor’s first names from [current name] to [desired name]. Additionally, the mother sought to replace the necessary consent of the father under Article 1:253a of the Dutch Civil Code. This was significant as they shared joint parental authority, and the father did not grant consent for the change. However, the mother believed that her child had a persistent desire for gender reassignment and that the child experienced considerable discomfort with the current official first names. The court found that there was a compelling interest for the change of the first names and granted the request.

The Case

The parents of the minor were divorced and shared joint parental authority over the minor. As the minor entered adolescence, she came to the realization that she is transgender and identifies as a boy. According to Article 1:28a of the Dutch Civil Code, the minor could change her gender and first names through the municipality, but a professional expert’s statement is required for this purpose, which the minor did not have at the time. According to the mother, the minor had a deeply rooted wish to change her first names immediately, allowing her to use the name [desired name] in social interactions. The minor was resolute in her desire to adopt this first name. The informal use of a nickname alone was inadequate, as the minor felt discomfort when confronted with her official first names. The minor was expected to follow the path through the gender clinic in the coming years. The mother believed that changing the minor’s first names would strengthen her sense of identity.

The minor has already been referred to the UMC gender clinic in Amsterdam and is expected to begin a gender transition process there. Informally, the minor is referred to as she desires, but she wishes to formally change her name so that her first names will be ‘desired name’ from now on.

The father wanted to support the minor but was concerned that she might regret a name change. He believed that the minor should retain her current first names until reaching adulthood. The father wanted to remain involved in the minor’s life, but according to the mother, he had disengaged and did not acknowledge the minor’s feelings as a boy.

Court’s Judgment

The court ruled as follows. Upon the request of a person or their legal representative, the court can change first names, but there must be a compelling interest, and the first names must not be inappropriate or match existing surnames. There is no specific definition of what constitutes a compelling interest, but the European Court of Human Rights has determined that first names fall within the scope of private life and family and home life within the meaning of Article 8 of the European Convention on Human Rights (ECHR). In this case, the court decided to change the first names of a minor due to a persistent desire for gender reassignment and the fact that the minor experienced significant discomfort with her current first names, which she associated with being a girl while identifying as a boy. The court believed that the minor’s choice to change her first names was well-considered and would be helpful in the gender transition process. Since there was no public interest opposing the requested change of first names, the court granted the request.