Facts
By judgment of the District Court of Z. dated September 5, 1995, the marriage of C.L. and D.L. was dissolved. The two daughters A.L. and B.L. were placed under the parental authority of the mother (D.L.). D.L. married E.M. on April 25, 1997 and has since borne the family name "M".
D.M. submitted an application to the Directorate of the Interior of the Canton of Zurich on July 11, 1997 for A.L. and B.L. to be allowed to also bear the family name "M." C.L. requested the dismissal of the application. By order dated November 6, 1997, the Directorate of the Interior granted the application and approved the change of the family name of A.L. and B.L. to "M".
C.L. appealed against this, whereupon the cantonal High Court (II. Civil Chamber) on June 15, 1998 decided to set aside the contested order. A.L. and B.L. have filed a federal appeal with the requests that the decision of the High Court be set aside and the name change application be approved.
Considerations
The Federal Supreme Court has recently moved away from its rather generous practice of allowing children of divorced parents to adopt the family name of the stepfather. It has pointed out that the assessment of non-marital child relationships by society has changed and that the social disadvantages to which children are exposed due to the difference in name can no longer be argued.
The High Court rightly recognized that special…