Civil Code (Cap. 16), article 4

4. (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-ar ticle (1)(d), this choice shall be gi ven 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 f our 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-ar t i c l e s ( 1 ) a n d ( 8 ) o f t h i s article and article 4A, "su rname" 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), wher e the spouses choose t o change their surnames in accordance with sub-article (1)(a) or (1)(b), s uch choice shall also become the family name, which s hall be included in the Act of Marriage. (4)Without prejudice to the provisions of sub-article (1), wher e 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 choo se to retain their own surname in accordance with sub-article (1)(e), the parties shall determine their family name in accordance with th e provisions of sub-article (1)(a) or (1)(b), which shall be incl uded in the Act of Marriage. (5)Without prejudice to the provisions of article 102, the fami ly name chosen by the parties shall be the surname which shall be adopted by any future children of the spouses. 12 [CAP. 16. CIVIL CODE Act No. LXII of 2020. Act No. LXII of 2020. (6) The provisions of sub-article (1) and (2) shall also apply t o spouses who married in Malta before the coming into force of th e 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) ye ars of the coming into force of the Civil Code and V arious 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 submi tted to the Director of the Public Registry by means of a joint declaration by the spouses, and if a family name had already be en 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 sp ouses may by means of a joint declaration also request the Dir ector of the Public Registry to change the family name as origin ally declared and to also amend the surname of the children born prior to the submission of For m Y: Provided further that upon receipt of such form, the Director of the Public Registry shall make an annotation of thi s declaration on those acts of civ il status where the spouse maki ng such declaration appears. Such d eclaration 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, unles s a joint declaration is made in terms o f sub-article (6). Act No. LXII of 2020. (8) Children born in Malta befor e the coming in to 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 paren ts, 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. T his declaration made by means of Form TT shal l be irrevocable: Provided that where the children are under the age of eighteen, the declaration made by means of Form TT shall be mad e by both parents, or by one of the parents if the other is decea sed, or, if both parents are deceased , by their tutor or curator: Act No. LXII of 2020. Provided further that such submission may not be made after the lapse of five (5) year s after the coming into force o f 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 thi s declaration on those acts of civil status where such children a ppear. CIVIL CODE [CAP. 16. 13 (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 lat er than three (3) years followi ng the date of submission of Form TT, also submit to the Director of t he Public Registry Form UU contained in Part II of the First Sched ule to this Code, wherein they declare that they wish to use the sa me surname of their spouse or ascendant, as the case may be, as du ly annotated in the respective acts of the civil status by virtue of sub- article (8). Upon receipt of such form, the Director of the Pub lic Registry shall make an annotation of this declaration on every act of civil status of the person in respect of whom Form UU has be en 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 m ade 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 ot her 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 annotate d, 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. Cap. 258. Cap. 61. (12) A person in respect of whom a change in surname has been annotated according to this arti cle shall report the fact to th e authorised officer under the Identity Card and other Identity Documents Act , and to the Passport Officer under the Passports Ordinance who shall respectively i ssue a new identification document and passport that indi cate the surname in accordance t o 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: P r o v i d e d t h a t w h e r e t h e p e r s o n i n r e s p e c t o f w h o m a c h a n g e has been annotated according to this article is under the age o f eighteen (18), such report shall be made by both parents, or by one of the parents if the other is decea sed, or, if both parents are d eceased, by their tutor or curator. 14 [CAP. 16. CIVIL CODE Transitory provisions in respect of article 4. Act No. XXIII of 2017. Act No. LXII of 2020. Added by: LXV .2020.4.