The name is a fundamental element of legal personality. Art. 29 CC protects every person against usurpation of their name and confers the right to use it. In principle, the name assigned at birth or upon establishment of civil status is immutable. However, Swiss law provides for several situations in which a change of surname or first name is possible, whether following a civil status event (marriage, divorce, filiation) or upon application based on legitimate grounds.
The principle of name immutability
Under Swiss law, the name is in principle fixed. It is determined at birth according to the rules of filiation law (art. 270 et seq. CC) and entered in the civil status registers. This stability serves public order requirements: the name identifies the person in their legal, family and social relations. Its stability guarantees the security of third parties and the consistency of official registers.
This principle of immutability is not, however, absolute. The legislator has opened avenues allowing the modification of a name in specific circumstances, framed by law and subject to the supervision of an authority.
Change on legitimate grounds (art. 30 para. 1 CC)
Art. 30 para. 1 CC provides that the government of the canton of domicile may, if legitimate grounds exist, authorise a person to change their name. Competence therefore lies with the cantonal authority — and not a federal authority — which means that the procedure and fees vary from canton to canton.
The law does not define the notion of "legitimate grounds" exhaustively. The authority assesses each situation concretely, taking into account the interests of the applicant and those of potentially affected third parties. Cantonal case law and legal doctrine have identified categories of situations typically recognised as legitimate grounds.
The application is submitted by the person themselves — or by their legal representative if they are a minor or under a general guardianship — to the competent cantonal department or office under the cantonal law applicable at the place of domicile.
Examples of typically recognised legitimate grounds
Without this list being exhaustive, the following grounds are generally recognised as legitimate by Swiss cantonal authorities:
- Ridiculous, offensive or pejorative name: a name whose sound, meaning or association with degrading terms exposes the person to mockery or difficulties in their social and professional relations constitutes a serious ground.
- Significant practical difficulties: a name that is extremely difficult to pronounce or spell in French, German or Italian — depending on the region of domicile — may create repeated administrative complications justifying a change.
- Resumption of a name used in practice: where a person has been known under a name different from their legal name for many years (for example, an artist's name or a family name used de facto), the officialisation of that name in the civil status records may be authorised.
- Grounds relating to gender identity: since the entry into force of art. 30b CC on 1 January 2022, a first name change related to gender identity may take place within the simplified procedure before the civil registrar (see below). Outside that procedure, grounds relating to identity may also support an application under art. 30a CC.
Name changes connected to civil status
Several civil status events give rise by operation of law to, or permit, a change of name, without the need to resort to the procedure under art. 30 para. 1 CC.
Choice of name upon marriage (art. 160 CC)
Upon the conclusion of marriage, each spouse in principle retains their birth name (art. 160 para. 1 CC). They may, however, declare their wish to bear, as a common family name, the birth name of one of them. The spouse who has relinquished their birth name may add it to their family name, provided that the combined name does not comprise more than two elements.
Name after dissolution of marriage (art. 119 CC)
In the event of divorce or annulment of marriage, each spouse recovers the right to bear their birth name. The spouse who changed their name upon marriage may decide, at any time after dissolution, to resume their birth name by a declaration to the civil registrar. They may also choose to retain the marital name — this decision belongs to them freely and cannot be imposed by the other spouse.
Child's name (art. 270 et seq. CC)
The child's name is determined by their filiation. A child whose parents are married bears the common family name or, in the absence of a common name, the birth name of one of the parents according to their declaration (art. 270 CC). A child whose filiation is established with only one parent bears that parent's birth name. In the event of recognition or judicial establishment of filiation, the child's name may be modified under the conditions set out in art. 270a and 270b CC.
Change of first name (art. 30a CC)
Art. 30a CC, introduced during the revision of name law which entered into force on 1 January 2013, provides for the possibility of changing one's official first name upon application to the competent cantonal authority. The conditions and procedure are similar to those for a surname change: the person must demonstrate legitimate grounds, and the application is examined by the cantonal authority of the place of domicile.
The first name change is entered in the civil status registers. It is enforceable against third parties from the date of entry and published according to the applicable cantonal rules.
Change of gender in the civil status records (art. 30b CC)
Since 1 January 2022, art. 30b CC establishes a simplified procedure allowing any adult with capacity of judgement to have the indication of their gender in the civil status registers changed. The process is carried out by a personal declaration before the civil registrar, without the need to produce a medical or psychiatric expert opinion, or to justify a surgical intervention or hormonal treatment.
At the time of this declaration, the person may simultaneously request the change of their official first name. The modification is entered in the civil status register and takes effect upon entry. A period of three years must have elapsed before a new modification in the opposite direction can be made.
Cantonal procedure
The procedure for changing a surname or first name on the basis of art. 30 and 30a CC is a cantonal administrative procedure. It varies by canton, in particular as regards the competent authority, the required documents and the fees.
In the canton of Geneva, competence lies with the Department of Security, Population and Health (or the competent department according to the governmental organisation in force). The application must be accompanied by the relevant civil status documents and a statement of grounds.
In the canton of Vaud, competence is exercised by the department responsible for civil status matters. The applicant must submit a written reasoned request accompanied by the required identity and civil status documents.
In all cantons, the authority's decision may be challenged by way of administrative appeal under the applicable cantonal law.
Effects of a name change
A name change authorised by the cantonal authority is entered in the civil status registers. From that entry:
- The new name is the person's legal name, which must be used in all their legal and official dealings
- The change is enforceable against third parties from its publication in accordance with the applicable cantonal rules
- The person is required to have their official documents (passport, identity card, driving licence, etc.) amended within the statutory deadlines provided by the relevant sectoral regulations
- Legal acts previously concluded under the former name remain valid
Art. 30 para. 3 CC provides that a change of name does not modify the rights and obligations arising from filiation.
Opposition to a name change
Art. 30 para. 2 CC reserves the right of third parties harmed by a name change to contest its validity. Any person who feels harmed by another person's name change may challenge that change before the civil court within one year from the day they became aware of it, and in any event within ten years of the entry of the change in the civil status registers.
This action for contestation is a separate judicial proceeding from the administrative procedure that led to the change. It falls within the jurisdiction of the ordinary civil courts and requires the claimant to demonstrate the existence of a legally protected interest in contesting the change.
Types of changes and applicable procedures
| Type of change | Legal basis | Competent authority | Main conditions |
|---|---|---|---|
| Surname change (legitimate grounds) | Art. 30 para. 1 CC | Cantonal government (competent department) | Legitimate grounds, domicile in Switzerland |
| First name change (legitimate grounds) | Art. 30a CC | Competent cantonal authority | Legitimate grounds, domicile in Switzerland |
| Change of gender and first name in civil status records | Art. 30b CC | Civil registrar | Majority, capacity of judgement, personal declaration |
| Name upon marriage | Art. 160 CC | Civil registrar | Declaration upon marriage |
| Resumption of birth name after divorce | Art. 119 CC | Civil registrar | Declaration after dissolution of marriage |
| Child's name (modification linked to filiation) | Art. 270a–270b CC | Child protection authority / civil registrar | Conditions related to the establishment or modification of filiation |
Frequently asked questions about name changes in Switzerland
What are the conditions for changing one's name in Switzerland?
Name changes are governed by art. 30 para. 1 CC. The competent cantonal authority may authorise a change if the person demonstrates legitimate grounds. The law does not exhaustively enumerate such grounds: they are assessed on a case-by-case basis by the authority. Typically recognised grounds include names with a ridiculous or offensive sound, names presenting significant practical difficulties (spelling, pronunciation), names used in practice but not registered in the civil status records, or grounds relating to personal identity. The application must be submitted to the competent cantonal department or office (depending on the canton: department of justice, state chancellery, etc.).
Can one change one's first name in Switzerland?
Yes. First name changes are governed by art. 30a CC, which entered into force on 1 January 2013. The procedure is identical to that for a surname change: the person must submit an application to the competent cantonal authority and demonstrate legitimate grounds. The first name change is recorded in the civil status registers and is enforceable against third parties. Note that in the context of a change of gender in the civil status records (art. 30b CC), the first name change may take place simultaneously before the civil registrar.
How much does a name change cost in Switzerland?
Fees vary by canton, as the procedure is cantonal. For example, in the canton of Geneva, the administrative fees for a name change application are set by the cantonal regulation on civil status fees. You should enquire directly with the competent office in your canton of domicile. In addition to these fees, costs related to the amendment of official documents (passport, driving licence, etc.) after the change may also apply.
Is a change of gender in the civil status records possible in Switzerland?
Yes. Since 1 January 2022, art. 30b CC allows any adult with capacity of judgement to have the indication of their gender in the civil status registers changed by a personal declaration before the civil registrar. The procedure does not require a medical or psychiatric expert opinion, nor surgical intervention. The person may simultaneously request the change of their official first name. The new gender and new first name are entered in the civil status registers and are enforceable against third parties.
Can my former spouse compel me to resume my pre-marriage name?
No. Under art. 119 CC, following dissolution of the marriage (divorce or death), each spouse recovers the right to bear their birth name. However, the spouse who changed their name upon marriage may decide to retain the name acquired upon marriage: this decision belongs exclusively to them. The former spouse cannot in any way impose the resumption of the birth name. The decision to retain or relinquish the marital name is a personal prerogative.