Facts
The appellant Florian Stefan Dzieglewska, a Swiss-Polish dual citizen, was born on September 26, 2003 in Aarau. In the birth register, he was entered with the name "Dzieglewska", which corresponds to the female form of the family name of his unmarried mother. The appellant demanded the correction of the entry so that he is registered with the male name "Dzieglewski".
The Presidency of the District Court of Aarau and the High Court of the Canton of Aargau rejected the request. They argued that under Swiss law, the foreign name once entered is immutable and cannot be adapted to the gender.
The appellant then filed an administrative court appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court upholds the appeal. It states that the refusal to register the family name changeable by gender in the form corresponding to the gender of the appellant violates the principle of equal rights under Art. 8 para. 3 of the Federal Constitution.
The Federal Supreme Court notes that the practice of the Federal Department of Justice and Police, according to which foreign names are to be entered in the Swiss civil status register in unchanged form,…