Correcting a name and changing a surname in the Iraqi civil record

In briefA person may correct their full name, mother's name and maternal grandfather's name once, and may change their first name and surname once, without this extending to the names of parents and grandparents, under article 21 of National Card Law No. 3 of 2016. The Director General makes a change on written request after publication in a local newspaper and fifteen days' wait, under article 22, and registers a surname for a person who has none after publication and no objection within ten days, under article 24.

A name in the civil record is not a formality. It links a person to school certificates, property deeds, accounts and the records of their children. National Card Law No. 3 of 2016 distinguishes correcting a name that was recorded wrongly, changing a name its holder wants to replace, and registering a surname for someone who has none. The office of lawyer Ali Barakat in Baghdad explains these routes and their limits.

What is a full name?

The second paragraph of article 19 provides that a name is complete if it includes the person's own first name, the father's name, the correct grandfather's name, and the surname if there is one. If the name is incomplete, the person must complete it as the law sets out. The fourth paragraph bars the health authorities and the directorate from recording a newborn's name that is obscene, contrary to public order or morals, or demeaning.

Correction and change: once each

The first paragraph of article 21 gives a person the right to:

correct their full name, mother's name and maternal grandfather's name, once only;
change their first name and surname, also once.

This does not extend to the names of the parents and grandparents, and a note of the correction is entered in the family record. The second paragraph exempts from this limit a person who converts to Islam. Article 23 prevents someone who has corrected a name or surname from returning to the same corrected name or surname by way of a change.

The difference between correction and change matters. Correction deals with a recording error, such as a missing letter or a wrong grandfather's name, and is proved with official documents. Change is a wish to replace a correctly recorded name, which is why the law surrounds it with publication.

Procedure for changing a first name or surname

Article 22 gives the Director General power to change a first name and surname on a written request from the record holder or a legal representative, provided there are convincing reasons. The General Directorate publishes the request once in a local newspaper at the applicant's cost, and the request is considered only after fifteen days from publication.

Registering a surname for someone without one

Article 24 allows the Director General or a delegate to register a surname for a person with none in the record, on written request, provided it is not demeaning or contrary to public order and morals. The request is published once in a local newspaper; if there is no objection within ten days, a decision to register is issued. If there is an objection, the competent court may be approached within ninety days of notification of the objection. The change of surname is noted in the family record.

Article 25 provides that children carry their father's surname, which the competent official adds to their records, and that after reaching majority or on marriage they may register or change their surnames. A divorced woman returns to her pre-marriage family identification number.

For passports, the third article of the Passports Law allows the third name to be used as the surname for someone whose civil record has no surname, and allows that person's children to use it too.

Change of religion and name

The third paragraph of article 26 provides that a change of religion by a non-Muslim, and a change of first name accompanying it, take place before the Personal Matters Court and are not subject to publication.

Name errors in sharia decisions

The fifth paragraph of article 28 allows either spouse to bring a claim before the competent court to correct the name of either spouse in sharia decisions, or the date of a marriage, talaq, annulment or separation. An error in a marriage contract or talaq decision is therefore dealt with by the court rather than the directorate.

Combining requests

The first paragraph of article 30 requires those concerned to combine their requests in a single claim where there are several errors in the full name, father's name and grandfather's name, unless there are lawful reasons not to. Someone who finds more than one error in a record should bring them together in one request.

Legal basis and sources

Frequently asked questions

Can I change my name more than once?

No. A change is allowed once under article 21, and returning to the same name by change is barred by article 23.

Can my father's name be corrected in my record?

Article 21 stops correction or change from extending to the names of parents and grandparents. An error proved by official documents is handled by administrative correction; see the national card.

What if someone objects to a surname being registered?

The competent court may be approached within ninety days of notification of the objection under article 24; challenges are covered on challenging Nationality Directorate decisions.

Always check the text in force and its amendments in the official source.

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Correcting a name or surname in the civil record