Creado 27/02/2009 13:43

Indian name under scrutiny cleared

The Constitutional Court recently ruled in an illuminating case on the right of the parents in choosing a name for their new born.

A couple of Indian origin chose for their new born, their daughter, the first name „Kiran“. The registrar refused to accept this name arguing that the single name „Kiran“ stirs doubts as to the actual sex of the child and called for a second name that would destroy all doubts.

Finally the case ended up before the Constitutional Court.

The Court decided in favour of the parents. It stressed the right of the parents to choose a name for their child. The Court pointed out that the parents act as the keeper of the interests of their child while deciding on an name. That name is important for the personality of the child helping it to find its identity and develop its individuality. In exercising this privilege and responsibility the parents are basically free and confined only insofar as the well being of the child is in peril. Only in the latter case is the State called upon to protect the child against an irresponsible selection of a name.

Focussing on the current law, the Court further pointed out that there is no restriction on choosing only a name that clearly denotes the sex of a child. The Court therefore rejected the need for a second name that unambiguously indicates the sex of the new born. Only if the chosen name would obviously not allow the child to identify its sex with its name would the well being of the child be in peril. This was not the case here as the courts established that the name "Kiran" was used for both sexes.

(BVerfG, 5.12.2008, 1 BvR 576/07)

Rechtsanwalt_Jain@yahoo.de