By Anastasia Miliou, Attorney at the Supreme Courts
It is generally known that in Greece to live and work many foreigners have acquired Greek citizenship by naturalisation or by determination. On the other hand, many Greeks now live and work abroad.
In both cases, sometimes it is judged necessary the change of the first name or even the surname for reasons of facilitation of their social and professional activities.
The change of the first name in Greece according to Greek law is not at all a simple matter. The change of the surname is almost impossible or very difficult and there must exist exceptional reasons for such an application to be accepted.
The change of the first name is done by application of the interested person to the Magistrate’s Court, while the change of surname is done at the Municipality to which each one belongs. In both cases it depends almost exclusively on the discretionary power of the judge or the mayor as to whether it will be accepted or not.
There is no specific law which permits the change of the name, rather the opposite occurs. The application is based not on the provisions of the Civil Code, but on the fundamental principles of the Constitution regarding the free development of personality.
Practically the change of name is done on the birth registration act of the applicant, and for this reason, foreigners who have acquired Greek citizenship by naturalisation do not have a Greek birth registration act and cannot submit an application for change of name, because there does not exist a birth registration act to be modified.
Foreigners who are of Greek origin and have acquired Greek citizenship by determination have a birth registration act registered at the Special Registry.
Therefore, any foreigner interested in change of his/her first name in Greece must first turn to the Special Registry and see if he/she has there a birth registration act. If indeed there is, then he/she can make application in Greece directly for change of name.
For those who do not have a Greek birth registration act, and for Greeks who live and work permanently abroad, there exists another procedure which, especially for Greeks, perhaps is more practically easy in order to change their name, even their surname which is extremely difficult to do in Greece.
Generally, it appears that the legislation of foreign states is more relaxed on the matter of change of name-surname, compared with Greece.
Therefore, Greeks who live and work abroad and want to change their name-surname for practical reasons are given a great opportunity to do it first there, so that afterwards very easily the change of their details may follow also in Greece.
Once they change their details abroad, they resort again judicially for the recognition this time of the validity of the foreign administrative act of the change of name or surname in our country.
The application is made at the Single-Member Court of First Instance, and this time the court is almost obliged to accept the changes and to modify all the public documents of the applicant whether it concerns first name or surname.
Especially in Great Britain the change of name or surname is done with a simple application and two witnesses. The decision of change of name-surname is called “deed poll” and is recognised in Greece as an administrative act that has validity and is applied in our country.
Thus, very simply and easily, if someone can change his/her details in England, afterwards he/she can change them also here.
In the same way, foreigners who do not have a Greek birth registration act in Greece, if they can change their details in their country of origin, then afterwards they can, with a judicial application request, achieve the recognition of this change also in Greece.
Anastasia C. Miliou is an Attorney at Law at the Supreme Courts with experience in international law and a large clientele in both Greece and abroad. Her telephone number is 6945028153. If you would like questions answered as part of her articles in English online, you can e-mail her at natmil@otenet.gr or visit www.legalaction.gr
