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Names

Below are readers' questions about 'Names', which we have chosen to answer. Further and more detailed information on the subject is found on our main website, Family Law in Israel, at :

  • http://www.family-laws.co.il/other-topics-names-ages-death
    • Can a child born to an unmarried mother,but whose father is registered on his birth certificate, bear both their surnames?

    Yes - if they both consent to the minor getting a surname comprising of both their surnames, even joined together with a hyphen,according to Israeli law. The 1956 Names' Act states that a child born to an unmarried mother will bear her surname unless she and the father agree to the minor bearing his name.

    I am a divorced dad, and pay child maintenance even though I don't have much contact. I recently discovered by chance, through a document, that my son is now being referred to by my 'ex's new husband's surname, following her remarriage, even though my son's surname has not been been changed at the Ministry of Interior. Is this legal?

    No! It is not legal,and your 'ex' wife is not entitled to act as she is. If necessary, you can take appropriate action at the family court to prevent your son being called by another surname,which bears a negative psychological message against you.

    Is my 13 year old son legally entitled to change his name, now that he has reached 'manhood' under Jewish law ?

    No, the Names Act of 1956 states that a minor can only change  his  name if his parents, who are his natural guardians, consent. The fact t hat he is of Barmitzvah age (13), is irrelevant as only civil law regulates changes in names. If you, however, object to your son's proposed name change, he could apply for court permission anyway, via a 'close friend'. The family court would probablyappoint him a solicitor ad litem, to prevent a conflict of interests on your part.

    Can I go back to using my maiden name after my divorce, but still retain some connection with my child's name?

    Yes, the Names' Act of 1956 allows a mother who divorces to add her maiden name to her married name, in whichever order she chooses. This creates a link between her surname and that of her child, who bears his fatehr's (her 'ex's) surname.

    Can I change my son's surname, currently that of his dad, from my first marriage, to my new married name ?

    Not without permission from either your ex-husband (the child's father) or the family court , after applying for it.

    Can I give my child his father's surname, if I am neither married to his father, nor live with him?

    Only if the father consents. Otherwise, the Names Act of 1956 states that a child born to an unmarried mother bears her surname.