Very serious problem with the Municipal Register and the change of their surname in Greece, are faced by Greek women who live permanently in Germany and other European countries, have married there and have started a family there.
In these countries, it is customary for female spouses to take their husband's surname after marriage by making a simple declaration to the Registry Office when the marriage certificate is drawn up and registered.
These women, many of whom have careers abroad, become known by their married surname, have children and at some point the time comes when they want to register their children in the Greek civil registers, to open a family portion in Greece and that's where the problems start.
According to Greek law, the change of the surname of the wife or the husband of the husband is not provided for upon marriage.. Only by making a declaration at the civil registry office at the time of marriage, can each of the two declare that they wish to add their spouse's surname to their maiden name, but that is all. He cannot change and take only the husband's surname. But this is a fact that is in stark contrast to what is provided for in most European countries where anyone can have any surname they want, especially their husband's surname after marriage.
As a result of this difference, it is usually the case that German wives have different details and surnames in Germany and another surname in Greece.. And when it comes time to register the births of their children, they find that they cannot, because the details on the child's birth certificate may not match the details they are registered with in Greece. To wit, if the child's birth certificate mentions the mother's surname after the marriage, then there will not be the necessary identification of the mother's details for registration in Greece. Many women in the process acquire German citizenship and their German passport bears a different surname from the Greek one.
How really should we deal with these cases? What can these women do to have identity?
It has been observed that the problem starts with the registration of the marriage in the Special Registry. It is there that the details have to be entered correctly. The marriage certificate should therefore be drawn up at the Greek Consulate so that it is explicitly stated that the wife receives the surname of her husband and that from now on she will be called by it.. It is important to mention the nationality of the spouse and if the spouse has Greek and foreign nationality it is better to mention the foreign nationality or both if possible, because it facilitates the procedure. This should also be recorded in the Special Registry. Logically, then the process should be smooth. However, this is not always the case due to the fact that in Greece there is no provision for a change of surname due to marriage and ultimately the change is not registered in the certificates.
If, in the end, the surname of the spouse is not registered, then only a court order can make the correction. This correction can be made in the data of the Special Registry and in the Municipal Register. It cannot be made in the foreign marriage act. For this reason, it should at least explicitly state that the wife, after the marriage, receives the surname of her husband.
If the spouse has also obtained foreign citizenship, then the procedure for the correction of the surname through the issuance of a court decision is easier because an additional legal argument for the validity of foreign law in Greece is obtained.
By Anastasia Miliou, lawyer at the Supreme Court and the Council of State
Author of the article:
Attorney at Law & Attorney-at-Law & Attorney-at-Law
Ave. 403 Mesogeion Street, Agia Paraskevi, Agia Paraskevi, Attica
Tel. 6945-028153, 213-0338950
e-mail: natmil@otenet.gr, info@legalaction.gr
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