Facts
The married couple B. M. and M. were unsuccessful in their request to have their daughter L. registered in the birth register under the maternal surname B. instead of the family name M. at both the Civil Registry Office of the City of Zurich and the Cantonal Department of the Interior. They have filed an administrative court appeal against their decision.
Considerations
The Federal Supreme Court dismisses the appeal, as the clear wording of Art. 270 para. 1 of the Swiss Civil Code (ZGB) states that the child of married parents receives the family name, which usually corresponds to the father's surname. The appellants cannot demand that the child be registered under the mother's surname.
The Federal Supreme Court sees no divergence between Art. 270 para. 1 ZGB and Art. 8 and 14 of the European Convention on Human Rights (ECHR). While the right to respect for one's name is part of the protection of private life under…