Unconstitutionality of Cantonal Fees for the Authorization to Adopt the Wife's Surname as the Family Name

Facts

The Department of the Interior of the Canton of Aargau granted the engaged couple F. and B. on June 20, 1997 the authorization to adopt the surname "B." of the wife as the family name from the time of the marriage. At the same time, it set a state fee of CHF 150.-, a registry fee of CHF 20.- and reimbursement of expenses of CHF 14.90, totaling CHF 184.90.

B. unsuccessfully filed a complaint against this fee with the Cantonal Government and subsequently with the Administrative Court of the Canton of Aargau.

B. then filed a constitutional appeal with the Federal Supreme Court, requesting the annulment of the judgment of the Administrative Court and the declaration of the unconstitutionality of the fee regulation. She alleged a violation of Art. 4 para. 1 and 2 of the former Federal Constitution (aBV) as well as of Art. 8 and 14 of the European Convention on Human Rights (ECHR).

Considerations

The Federal Supreme Court upheld the constitutional appeal. It held that the disputed fee violates Art. 4 para. 2 aBV, as it treats engaged couples who wish to adopt the wife's surname as the family name differently than couples who choose the husband's name. This unequal treatment cannot be justified by biological or functional reasons.

The Federal Supreme Court found that the federal legal regulation in the Civil Code, according to which the husband's name automatically becomes the family name while the wife's name requires authorization, contradicts the constitutional principle…