Cap. 16 Art. 4Surname to be used by spouse and children of the family.

(1) The spouses shall, upon marriage, elect:

(a) to adopt for both of them the surname of either one of the parties to the marriage; or

(b) to adopt for both of them the surnames of both parties in the order of their choice; or

(c) to adopt, for any one of the spouses, the surname of the other spouse, after which that spouse may add his or her surname; or

(d) to retain, for any one of the spouses, his or her surname, after which that spouse may add the surname of the other spouse; or

(e) retain their own surname.

(2) (a)Where one of the spouses elects any of the choices in accordance with sub-article (1)(c) or in accordance with sub-article (1)(d), this choice shall be given only to one of the spouses.

(b) The combination of the spouses’ surnames shall not result in a surname which is longer than the combination of four surnames.

(c) When the surname of any one or both of the spouses already has a combination of two or more surnames, the order of the surname of that spouse shall be retained, and the spouses shall not change such order and, or drop any part of their own surname.

(d) For the purposes of sub-articles (1) and (8) of this article and article 4A, "surname" shall include the surname of the spouse at birth or the surname at the time of marriage: Provided that where one of the spouses upon marriage elects to revert to the surname at birth, the other spouse may not elect to adopt or add the surname at the time of marriage of that spouse.

(3)Without prejudice to the provisions of sub-article (1), where the spouses choose to change their surnames in accordance with sub-article (1)(a) or (1)(b), such choice shall also become the family name, which shall be included in the Act of Marriage. (4)Without prejudice to the provisions of sub-article (1), where one of the spouses elects any of the choices in accordance with sub-article (1)(c) or sub-article (1)(d), or where the spouses choose to retain their own surname in accordance with sub-article (1)(e), the parties shall determine their family name in accordance with the provisions of sub-article (1)(a) or (1)(b), which shall be included in the Act of Marriage. (5)Without prejudice to the provisions of article 102, the family name chosen by the parties shall be the surname which shall be adopted by any future children of the spouses.

(6) The provisions of sub-article (1) and (2) shall also apply to spouses who married in Malta before the coming into force of the Civil Code and Various Other Laws (Amendment) Act, 2020, and if the spouses wish to change their surname in accordance with any of the paragraphs in sub-article (1), they may, within five (5) years of the coming into force of the Civil Code and Various Other Laws (Amendment) Act, 2020, make a request to the Director of the

Public Registry to change their surname in accordance with sub-article (1) by means of Form Y contained in Part II of the First Schedule to this Code: Provided that if the choice made is in accordance with paragraphs (a) or (b) of sub-article (1), Form Y shall be submitted to the Director of the Public Registry by means of a joint declaration by the spouses, and if a family name had already been elected, this shall also become the family name and shall also amend the surname of the children born prior to the submission of Form Y:

Provided further that if the choice made is in accordance with paragraph (c), (d) or (e) of sub-article (1), if a family name had already been elected, the spouses may by means of a joint declaration also request the Director of the Public Registry to change the family name as originally declared and to also amend the surname of the children born prior to the submission of Form Y: Provided further that upon receipt of such form, the Director of the Public Registry shall make an annotation of this declaration on those acts of civil status where the spouse making such declaration appears. Such declaration shall not affect the surname as indicated in the Act of Birth of the spouse.

(7) The declaration made by means of Form Y contained in Part II of the First Schedule to this Code shall be irrevocable and shall not have effect on the surname of the other spouse, unless a joint declaration is made in terms of sub-article (6).

(8) Children born in Malta before the coming into force of the Civil Code and Various Other Laws (Amendment) Act, 2020, and in respect of whom a family name had not already been chosen in the Act of Marriage, may assume the surname of any of the parents, or the surname of both parents, in the order of their choice, provided that they submit Form TT contained in Part II of the First Schedule to this Code to the Director of the Public Registry. This declaration made by means of Form TT shall be irrevocable: Provided that where the children are under the age of eighteen, the declaration made by means of Form TT shall be made by both parents, or by one of the parents if the other is deceased, or, if both parents are deceased, by their tutor or curator: Provided further that such submission may not be made after the lapse of five (5) years after the coming into force of the

Civil Code and Various Other Laws (Amendment) Act, 2020:

Provided further that upon receipt of such form, the Director of the Public Registry shall make an annotation of this declaration on those acts of civil status where such children appear.

(9) The spouse and descendants of the person in respect of whom the Form TT had been submitted to the Director of the Public Registry, may, by not later than three (3) years following the date of submission of Form TT, also submit to the Director of the Public Registry Form UU contained in Part II of the First Schedule to this Code, wherein they declare that they wish to use the same surname of their spouse or ascendant, as the case may be, as duly annotated in the respective acts of the civil status by virtue of sub-article (8). Upon receipt of such form, the Director of the Public Registry shall make an annotation of this declaration on every act of civil status of the person in respect of whom Form UU has been submitted. This declaration made by means of Form UU shall be irrevocable:

Provided that where the descendant is under the age of eighteen (18), the declarations made by means of Form UU shall be made by both parents, or by one of the parents if the other is deceased, or, if both parents are deceased, by his or her tutor or curator:

Provided further that where Form UU is submitted by the spouse, such declaration shall not affect the surname of the other spouse as indicated in the Act of Birth.

(10) The spouse of a descendant who has submitted a declaration made by means of Form UU may assume the descendant’s newly adopted surname as duly annotated, if upon marriage such spouse declares that the surname of the descendant who has submitted Form UU will be assumed.

(11) The provisions of sub-articles (8) and (9) shall also apply to any person in respect of whom Form T or Form U had been submitted to the Director of the Public Registry.

(12) A person in respect of whom a change in surname has been annotated according to this article shall report the fact to the authorised officer under the Identity Card and other Identity Documents Act, and to the Passport Officer under the Passports Ordinance who shall respectively issue a new identification document and passport that indicate the surname in accordance to the annotation written in the relative act of civil status. The expenses for the issue of the new legally valid identification document and passport shall be borne by the person who changed the surname:

Provided that where the person in respect of whom a change has been annotated according to this article is under the age of eighteen (18), such report shall be made by both parents, or by one of the parents if the other is deceased, or, if both parents are deceased, by their tutor or curator.