Poland Considers Lowering Age for Child's Consent to Name Change to 10

A proposed amendment to Poland's Family Code could soon grant 10-year-olds the right to refuse a change to their surname, a significant shift from the current age limit of 13.

The Family Law Codification Commission has drafted the changes, arguing that lowering the age will more fully guarantee a child's constitutional and conventional right to be heard. This means children would have a stronger voice in legal matters directly concerning them, ensuring they are treated as individuals with rights.

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Lowering this limit will more fully guarantee the constitutional and conventional protection of the child's right to be heard, and thus to the subjective treatment of the child in proceedings that directly concern them.

Legal experts support the move, suggesting that by age 10, children often identify with their surname as a public marker and understand its connection to their sense of belonging. This understanding can be particularly acute for children experiencing family changes like divorce or blended families, making them more capable of making a thoughtful decision about their name.

The proposed reform also extends to name changes during adoption. Currently, a child aged 13 or older must consent to a name change ordered by a court during adoption proceedings. The new proposal would lower this age to 10, aligning it with the surname change provision and further emphasizing the child's perspective.

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In the Polish system, which shapes children's participation in society and influences their competencies in certain areas, it can be assumed that a 10-year-old child identifies with their surname as a public sign and understands its aspect concerning belonging and connection. Especially the latter issue is more often an element of a child's self-reflection who has experienced such events as parental divorce, life in a patchwork family, or other events affecting the shape of family life and increasing the dynamics of changes within it. This may mean that such a child is more self-reflective regarding their own surname, and consequently, relatively more ready to make a thoughtful decision.