Name changes for children
In certain cases, it is possible to adapt a child's surname to a changed family situation.
Description
Your child's surname is governed by German law if he or she is a German national or if his or her nationality is unknown. If the child has another nationality, the law of that country applies.
The name declaration for your child becomes effective upon receipt by the registry office where the child's birth register is kept. If the child was born abroad, there are special rules governing jurisdiction.
The name declaration must be publicly notarised or authenticated. You can contact the registry office or a notary for this. Name declarations are only notarised by prior appointment!
Prerequisites
The name declaration is submitted by the legal guardians. The child's consent is required once they have reached the age of 5.
Required documents
Please use our contact form to describe the desired name change. The registry office can then advise you on your options and the necessary documents and will arrange an appointment with you if necessary.
Questions & Answers
What surname does the child normally get?If the parents are married and have a joint surname, the child is given this name (§ 1616 BGB)
If the parents are not married and the mother has sole custody, the child is given her family name (§ 1617 a BGB).
If the parents have joint custody and have different surnames, the child is given one of the two names (§ 1617 BGB).
The child has the same name as the mother. How can it be given the father's name?
(§1617a BGB)
If the mother was not married when the child was born, she is initially the sole custodian and the child is given her surname. However, the mother can also give the child the father's name. This requires the father's consent and, if the child is older than 5 years, the child's consent as well.
If the father has sole custody, he can give the child the mother's surname.
What options are available if the parents establish joint custody?
(§1617b Para. 1 BGB)
If you as parents did not acquire custody of your child at birth, but only subsequently by submitting a declaration of custody or by getting married, you can change the surname of your child by means of a declaration. Please note that this must be done within three months of acquiring joint custody if you live in Germany. If you live abroad, the declaration must be made within one month of returning to Germany.
What options are there if the child lives in a patchwork family?
(§1618 BGB)
The following conditions must be met:
- Your child lives in the household of you and your spouse, who is not the child's father or mother
- You have sole or joint custody of your child with the other parent
- You and your spouse have a joint surname.
In this situation, there is often a desire for the child to be integrated into the new family with its surname. The parent and the new spouse who is not the child's father or mother can give the child their married name. If the child bears the name of the non-custodial parent or if there is joint custody, the consent of this parent is required when the name is given. If the child is older than five years of age, they must give their own consent.
What options are there if the parents' name changes?
(§1617c BGB)
If you have subsequently chosen a married name, if your married name has changed or if your child has the surname of one of the parents and this surname has changed in a way other than through marriage,
this change automatically applies to your child if he or she is under five years old. If your child is older, a declaration is required for the change of name.