Refusal to register a surname as a second first name

Facts

The married couple Fry-Schmucki requested the registration of their daughter, born on 6 September 1991, with the first names Carla Schmuki in the birth register. The civil registry office of Lucerne rejected this request, considering that the name Schmuki is used in Switzerland as a surname and not as a first name. The couple appealed against this decision, which was rejected by the Council of State of the canton of Lucerne. They then seized the Federal Court, requesting the annulment of these decisions and the registration of their daughter with the first names Carla Schmuki.

The parties involved are the married couple Fry-Schmucki, the civil registry office of Lucerne, the Council of State of the canton of Lucerne, and the Federal Court. The key dates are 6 September 1991 (birth of the child), 24 October 1991 (decision of the civil registry office), 10 December 1991 (decision of the Council of State), and 15 January 1992 (appeal to the Federal Court).

Considerations

The Federal Court examined the question of whether the surname Schmuki could be registered as a second first name. It considered that, in principle, the civil registry officer must refuse a first name chosen by the parents if it is used only as a surname, to avoid a risk of confusion.

The Federal Court also examined the reasons invoked by the couple to justify their choice. It considered that purely sentimental reasons are not sufficient to justify the registration of a surname as a first name. The couple had invoked the desire to perpetuate a tradition from their canton of origin, Grisons, where it is customary to give the child the mother's name as a second first name. However, the Federal Court considered that this tradition is not established in the canton of Lucerne, where the couple resides, and that the…