Facts
The case concerns the change of name of daughter B.A., whose parents A.A. and C.A. are divorced and sole custody was granted to the mother C.D. Shortly after the birth of B.A. in 2001, the mother resumed her maiden name D. In 2002, the mother requested a change of the family name of her daughter from "A." to "D.", which was however rejected. In 2013, the Department of Justice and Security of the Canton of Thurgau finally approved the change of name. Against this decision, the father A.A. filed a complaint, which was dismissed by the Administrative Court and ultimately also by the Federal Supreme Court.
Considerations
The Federal Supreme Court states that the right to a name or its change belongs to the (relatively) most personal rights, which is why capable minors can exercise this right independently. In the present case, the 12-year-old B. was to be considered capable of judgment, so that she could decide on the change of name herself.
In principle, a person's civil name is immutable. However, the law provides for the possibility of a change of name in certain family law constellations if there are "respectable reasons". The requirements for this were relaxed with the revision of Art. 30 para. 1 ZGB in 2013. Now it is sufficient if the need for the child's name to match that of the holder of parental custody is proven.
The Federal Supreme Court sees such "respectable reasons" as given…