Петък, 22 Септември 2017

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CHANGE OF NAMES

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The physical person is identified, designated, restricted from other individuals by their name. To this effect, the implementation of the change of a name of a physical person is strictly limited and this can take place under conditions strictly defined by the law.

The conditions under which a change of a name of physical person can be admitted and implemented have been extensively provided for in the Law for Civil Registration.

A change of the name is allowed:

1. When the person’s name is deriding, dishonoring or socially unacceptable as well as in the cases when important circumstances make this necessary – the procedure has been provided for in Art. 19, Line 1of the Law for Civil Registration (LCR).
2. In case of  full adoption of a child – the procedure has been regulated in Art.18, lines 1&2 of LCR.
3. In case of incomplete adoption of a child – the procedure has been regulated in Art.18, line 3 of LCR – the procedure is not compulsory due to the specific nature of the incomplete adoption, in which case the child retains the link with his/her native parents. It is carried out by virtue of a court decision after the desire of the adopting parents. If the child has completed 14 years of age, his or her desire is required. This procedure can be carried out both in the course of the proceedings for incomplete adoption and in separate interlocutory proceedings – practically, the first instance is more frequent.
4. In case of terminating the adoption judicially - the procedure has been regulated in Art.18, Line 4 of LCR – the change results from the revocation of the adoption, in which case the person is reinstated their former name. Separate interlocutory proceedings on changing the name are not implemented. Exceptions from the rule – in the cases when important circumstances make it necessary to keep the person’s name given on adoption – these circumstances have to be proved and they can have various nature: for example, acquired fame and popularity of the adopted person before the revocation of the adoption. Keeping the name given at the adoption can be requested only with the knowledge and the consent of the adopting parent.
5. In case of acquiring or restoring Bulgarian citizenship of a certain person (Art.19, Line 2 of LCR) – the same person can request a change in their father’s and family names with the suffix –ov or –ev, coordinated with their gender, as well as to Bulgarise their first name following the procedures of Chapter 50 “Ascertainment of facts” of the Civil Procedural Code.
6. Despite not being regulated in the LCR , the change of the family name of one of the spouses  by court order is possible on termination of the wedlock between spouses on the grounds of:
6.1. A court decision as per Art. 330, Line 3 of the Civil Procedural Code, ascertaining the agreement for the termination of the wedlock reached under mutual consent and in compliance with all matters provided for in Art. 51 of the Family Code, including the change of the family name of one of the spouses;
6.2. A court decision for allowing the divorce (Art. 326 of the Civil Procedural Code) by the force of which the court also solves the issue with the family name to be borne by the spouses in the future. Such a court decision is administered at terminating the wedlock as being deeply and incorrigibly upset under the conditions of Art. 48 of the Family Code.

The Bulgarian law company EURO LEX offers the full spectrum of services related to the implementation of the necessary activities connected with the changing of names following the administrative and court order.

 

Sofia, 1113, "Izgrev" area, 16 "Frederik Julio Kiuri" street, block 155, parter, office 1; phone/fax 02 983 2187; e-mail: office@eurolex-bg.com