History Hans Högman
Copyright © Hans Högman 2019-12-24

Name Laws in Sweden

Introduction

In 1901, the name ordinance, commonly referred to as the name law, was introduced, but in practice, it was merely an addition to the ordinance on church records. The Name Ordinance contained rules for the adoption of family names, which had previously been unregulated except for the protection of noble names. The Name Ordinance, however, did not include an obligation to adopt family names. A common misconception is that the use of patronymics was banned with the Name Ordinance of 1901. The 1901 name regulation did not impose any prohibition on the continued use of patronymics. However, it had now socially become customary, even in rural areas, to convert their patronymics into family names. However, the free right to adopt family names was restricted by the Name Ordinance. The Name Ordinance, as mentioned, contained no prohibition on patronymics, but the Swedes were encouraged to adopt family names, i.e., to switch from patronymics to family names. From 1920 until 1963, it was mandatory for spouses to adopt the same surname, which meant that the wife would take her husband's surname.

Name Regulation Before 1901

Until 1880, there was a certain protection of noble names (names carried by noble families) as well as some regulations regarding the names of sailors in the merchant fleet, so-called copvaerdie sailors. An ordinance of 1626 stipulated that a nobleman could not adopt the name of another nobleman, and an ordinance of 1707 stipulated that 'known miscreants were not allowed to use noble names'. In 1880, a regulation was introduced stating that a non-commissioned officer's name change required permission from a superior military authority. In 1887, the Commercial Register Act was passed, Section 10 of which begins, “No person may unlawfully adopt another's name or the name of another's real property in his business.” This section proved to be ineffective in the absence of a Swedish name law. This was an important reason for the emergence of the 1901 Name Act.

1901 Name Act

Before 1901, there were no formal rules governing the taking of family names. One could take any surname—except noble names—simply by informing the parish minister of the desired name. In 1901, a name ordinance (the Name Act) was adopted, which came to regulate the taking of family names. The Name Ordinance was adopted on December 5, 1901, and contained rules for the adoption of family names. Peculiar surnames are those surnames that have extended protection under the Name Ordinance. A surname is considered peculiar if it is "intended to indicate membership in a certain family." The Name Ordinance stipulated that in order to adopt a 'peculiar' name, permission had to be obtained from the authorities and the name had to be registered. Changing to a 'non-peculiar' name, for example, when transforming patronymics into surnames, adopting a soldier's name, or any of the most common civilian names (e.g., Lindblom), did not require permission. However, the Name Act did not contain any obligation to adopt family names and did not prohibit the continued use of patronymics. A common misconception is that the use of patronymics was prohibited by the 1901 Name Act. The Name Ordinance was subsequently amended several times: in 1919, 1920, 1921, 1922, 1931, 1946, and 1962. The Name Ordinance was replaced in its entirety on January 1, 1964, by a new Act 1963:521, which in turn remained in force until the introduction of the Name Act 1982:670. Name issues concerning the ability of married women, divorced women, adopted children, and others to adopt or change their names were not governed by the 1901 Name Act but by the Marriage Code, the 1920 Act on Children in Marriage, and the 1917 Acts on Adoption and on Children Born Out of Wedlock. The name issues governed by laws other than the Name Act were matters for the courts. A new provision in the 1920 Marriage Code required the woman to take the man's surname when they married.

1963 Name Act

The 1963 Name Act stipulated that all Swedes had to have a family name. It was only now that the use of patronymics was banned. The use of patronymics still existed in some parts of Sweden, especially in areas where the farming culture was strong, such as the provinces of Skåne, Dalarna, and Hälsingland. Many families here had never chosen family names, preferring to use patronymics and farm names instead. The Swedish Patent and Registration Office (PRV) even had a list of proposed family names that it used to encourage families that had yet to adopt family names. Under the 1963 Names Act, a married woman no longer had to take her husband's surname when they married but could keep her own. It was now easier to change surnames. However, the law made it illegal to create double surnames, such as Lundberg- Johansson.

1982 Name Act

Under the 1982 Name Act, married couples could choose which surname they wanted to take, the man's or the woman's.

Government Agencies Responsible for Name Changes

Between 1902 and 1919, applications to change family names were sent to the County Administrative Board (Swe: Länstyrelsen). During the period from 1919 to 1922, the Ministry of Ecclesiastical Affairs (Ministry of Education) was in charge of name changes. Between 1923 and 1946, it was instead the Ministry of Justice that handled name changes. In 1947, the handling of name changes was transferred to a newly established bureau at Statistics Sweden (SCB), called the Name Bureau. The Swedish Patent and Registration Office (PRV) took over the activities concerning name changes in 1962.

New Name Act in 2017

As of July 1, 2017, we have a new law on personal names in Sweden (2015/16:180). The new law has modernized and simplified the possibilities to choose and change names. There are also no obstacles to repeated changes of first name or surname. It is now allowed to use a double surname. However, there is a restriction that the surname can only consist of two names. Previously, people with “double surnames” had to have one surname as an additional given name. It is no longer possible to add a middle name, but you can keep the one you have. In other words, the system of surname type of middle names (i.e., a surname-like name borne between the forenames and the actual surname) is being phased out. Under the new law, the most common surnames will be free for all. Surnames used by at least 2,000 people thereby will lose their name protection. Surnames will no longer be given automatically to newborn babies. Previously, newborn babies were automatically given the mother's surname unless otherwise notified. Now the parents must apply for the child's surname, i.e., they must apply for both first and surname for the child. The Swedish Tax Agency (Skatteverket) will now be the only authority that handles names.

Other Countries

Sweden was relatively late in adopting a Name Act. Denmark adopted a Name Act as early as 1828.

Related Links

Swedish naming practices in earlier times

Source References

“Om namnbyten och namnlagar i Sverige”, Rolf Linde. “Namnskicket i äldre tider”. Bengt Avenberg “Namn i Sverige”. Ingela Martenius Wikipedia Nationalencyklopedin Top of page

Name Laws in Sweden

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History Hans Högman
Copyright © Hans Högman 2019-12-24

Name Laws in Sweden

Introduction

In 1901, the name ordinance, commonly referred to as the name law, was introduced, but in practice, it was merely an addition to the ordinance on church records. The Name Ordinance contained rules for the adoption of family names, which had previously been unregulated except for the protection of noble names. The Name Ordinance, however, did not include an obligation to adopt family names. A common misconception is that the use of patronymics was banned with the Name Ordinance of 1901. The 1901 name regulation did not impose any prohibition on the continued use of patronymics. However, it had now socially become customary, even in rural areas, to convert their patronymics into family names. However, the free right to adopt family names was restricted by the Name Ordinance. The Name Ordinance, as mentioned, contained no prohibition on patronymics, but the Swedes were encouraged to adopt family names, i.e., to switch from patronymics to family names. From 1920 until 1963, it was mandatory for spouses to adopt the same surname, which meant that the wife would take her husband's surname.

Name Regulation Before 1901

Until 1880, there was a certain protection of noble names (names carried by noble families) as well as some regulations regarding the names of sailors in the merchant fleet, so-called copvaerdie sailors. An ordinance of 1626 stipulated that a nobleman could not adopt the name of another nobleman, and an ordinance of 1707 stipulated that 'known miscreants were not allowed to use noble names'. In 1880, a regulation was introduced stating that a non-commissioned officer's name change required permission from a superior military authority. In 1887, the Commercial Register Act was passed, Section 10 of which begins, “No person may unlawfully adopt another's name or the name of another's real property in his business.” This section proved to be ineffective in the absence of a Swedish name law. This was an important reason for the emergence of the 1901 Name Act.

1901 Name Act

Before 1901, there were no formal rules governing the taking of family names. One could take any surname—except noble names—simply by informing the parish minister of the desired name. In 1901, a name ordinance (the Name Act) was adopted, which came to regulate the taking of family names. The Name Ordinance was adopted on December 5, 1901, and contained rules for the adoption of family names. Peculiar surnames are those surnames that have extended protection under the Name Ordinance. A surname is considered peculiar if it is "intended to indicate membership in a certain family." The Name Ordinance stipulated that in order to adopt a 'peculiar' name, permission had to be obtained from the authorities and the name had to be registered. Changing to a 'non-peculiar' name, for example, when transforming patronymics into surnames, adopting a soldier's name, or any of the most common civilian names (e.g., Lindblom), did not require permission. However, the Name Act did not contain any obligation to adopt family names and did not prohibit the continued use of patronymics. A common misconception is that the use of patronymics was prohibited by the 1901 Name Act. The Name Ordinance was subsequently amended several times: in 1919, 1920, 1921, 1922, 1931, 1946, and 1962. The Name Ordinance was replaced in its entirety on January 1, 1964, by a new Act 1963:521, which in turn remained in force until the introduction of the Name Act 1982:670. Name issues concerning the ability of married women, divorced women, adopted children, and others to adopt or change their names were not governed by the 1901 Name Act but by the Marriage Code, the 1920 Act on Children in Marriage, and the 1917 Acts on Adoption and on Children Born Out of Wedlock. The name issues governed by laws other than the Name Act were matters for the courts. A new provision in the 1920 Marriage Code required the woman to take the man's surname when they married.

1963 Name Act

The 1963 Name Act stipulated that all Swedes had to have a family name. It was only now that the use of patronymics was banned. The use of patronymics still existed in some parts of Sweden, especially in areas where the farming culture was strong, such as the provinces of Skåne, Dalarna, and Hälsingland. Many families here had never chosen family names, preferring to use patronymics and farm names instead. The Swedish Patent and Registration Office (PRV) even had a list of proposed family names that it used to encourage families that had yet to adopt family names. Under the 1963 Names Act, a married woman no longer had to take her husband's surname when they married but could keep her own. It was now easier to change surnames. However, the law made it illegal to create double surnames, such as Lundberg-Johansson.

1982 Name Act

Under the 1982 Name Act, married couples could choose which surname they wanted to take, the man's or the woman's.

Government Agencies Responsible for

Name Changes

Between 1902 and 1919, applications to change family names were sent to the County Administrative Board (Swe: Länstyrelsen). During the period from 1919 to 1922, the Ministry of Ecclesiastical Affairs (Ministry of Education) was in charge of name changes. Between 1923 and 1946, it was instead the Ministry of Justice that handled name changes. In 1947, the handling of name changes was transferred to a newly established bureau at Statistics Sweden (SCB), called the Name Bureau. The Swedish Patent and Registration Office (PRV) took over the activities concerning name changes in 1962.

New Name Act in 2017

As of July 1, 2017, we have a new law on personal names in Sweden (2015/16:180). The new law has modernized and simplified the possibilities to choose and change names. There are also no obstacles to repeated changes of first name or surname. It is now allowed to use a double surname. However, there is a restriction that the surname can only consist of two names. Previously, people with “double surnames” had to have one surname as an additional given name. It is no longer possible to add a middle name, but you can keep the one you have. In other words, the system of surname type of middle names (i.e., a surname-like name borne between the forenames and the actual surname) is being phased out. Under the new law, the most common surnames will be free for all. Surnames used by at least 2,000 people thereby will lose their name protection. Surnames will no longer be given automatically to newborn babies. Previously, newborn babies were automatically given the mother's surname unless otherwise notified. Now the parents must apply for the child's surname, i.e., they must apply for both first and surname for the child. The Swedish Tax Agency (Skatteverket) will now be the only authority that handles names.

Other Countries

Sweden was relatively late in adopting a Name Act. Denmark adopted a Name Act as early as 1828.

Related Links

Swedish naming practices in earlier times

Source References

“Om namnbyten och namnlagar i Sverige”, Rolf Linde. “Namnskicket i äldre tider”. Bengt Avenberg “Namn i Sverige”. Ingela Martenius Wikipedia Nationalencyklopedin Top of page

Name Laws, Sweden