Civil Code (Cap. 16), article 4A

4A. (1)The children born to spouses who had applied for the publication of banns from the date of coming into force of the Marriage Act and other Laws (Amendment) Act, 2017 , and before the coming into force of the Civil Code and V arious Other Laws (Amendment) Act, 2020 , shall adopt the family name as declared in the Act of Marriage. Act XXIII of 2017. Act No. LXII of 2020. (2) The children born to spouses who had applied for the publication of banns before th e coming into force of the Marriage Act and other Laws (Amendment) Act, 2017 , and who are born after the coming into force of the Civil Code and Various Other Laws (Amendment) Act, 2020 , shall assume the surname of any of the parents, or the surname of both parents in the order of the ir choice: Provided that if a choice has been made by the parents by means of a joint declaration in terms of article 4(6), the chil dren shall adopt that surname. Maintenance. 5. (1) In regard to maintenance, the spouse shall have a prior right over the parents or other ascendants. (2) Where both children and spouse claim maintenance, they shall be in a position of equality. (3) It shall not be lawful for either of the spouses to claim maintenance from the children or other descendants or from the ascendants if such maintenance can be obtained from the other spouse. Cessation of duty to supply maintenance. Amended by: XLVI.1973.4. Substituted by: XXI.1993.4.