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Addition & abolition of Surnames in Kuwaiti law

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Our names are a vital part of who we are. They carry deep cultural and historical connections which give us a sense of who we are. Our names are composed of first name and middle name (the name of the father and the grandfather). Then comes the surname, it is worth mentioning that some people do not have any surnames. Moreover, people may have some other alternative names, including pen names and nicknames. This article will only discuss the addition of surname lawsuits, abolition of surname lawsuits, and changing the family name under Kuwaiti law. Surname is the name that a person has in common with other family members. 

Personal name in Kuwait’s Personal Status Laws

The Kuwaiti legislation did not impose any conditions on choosing the names of persons. However, parental naming choices must not go against public morals and must consider the well-being of the child.
The name entails legal effects, as it is the State's means of distinguishing individuals and defining their obligations, obligations, and rights. Under the ministerial decision, No.55 of 1977, the Kuwaiti Minister of Health has stated that:” registration of newborn names shall be documented in the official records and birth certificates at the relevant department of the ministry of health of Kuwait.

If the family has no surname the first three or four elements of the name shall be recorded in the birth certificate, which means recording the personal name, the first name of the father, the first name of the grandfather, and finally the surname (if it existed, if it is not the great-grandfather name shall be recorded. For a more informed understanding of this matter, you can seek legal advice from a skilled Kuwaiti family law lawyer. 

Surnames in Kuwait’s Personal Status Laws

Under the Kuwaiti civil code and personal status code, it is not mandatory for persons to choose a surname. However, the procedures of adding surname, removing of surname, or changing a family name are regulated under Kuwaiti laws. The significance of a surname is to show relation to your family and your origin.

In other words, it tells about your identity and your heritage.  There are many relevant articles about kinship relationships in Kuwaiti law, we will mention only two of them. Article 15 of the Kuwaiti Civil Code stipulates that "the family of a person shall be made up of the spouse and relatives of the person, and the relatives shall share a common origin," as provided in article 16 of the same Act: "1. Direct kinship is the connection between origin and branches. 2. The collateral relatives are sharing the common origin without being part of the same branch ".

What is the procedure for adding and removing surnames?

To add or remove a surname you have to file a request for the  Committee on Lineage Claims and changing of names affiliated to the Ministry of Justice. Two witnesses who share the same lineage line shall be present and you shall bring the following documents: 

  • copy of nationality 
  • copy of ID
  • copy of birth certificate 
  • copy of marriage contract (if it existed)
  • copy of children birth certificates 
  • Any official document that show the title you want to add
  • A court judgment for a relative who share the same Lineage line

The importance of an experienced lawyer in adding and removing surnames

reasons to add a surname or remove a surname may vary for different aspects, however, the Kuwaiti legislature has regulated this process. Being assisted by professional lawyers at surname lawsuits will protect you against time-consuming and will save your resources, they will also help you get the most effective solutions.

In conclusion in this article presented on the Integrated Legal Group (ILG) website, we touched upon the definition of name and surname and the legal consequences of changing them. The article also illustrated the procedure to follow to add or remove a surname. it becomes clear the necessity of hiring an expert Kuwaiti family law attorney to represent the affected persons before the competent court.