Right to a name

When a child is born, parents must decide on the first name and surname of their offspring. In doing so, they have several options. Even when getting married, it is important to think about the surname(s) in good time. After all, you may carry your name throughout your life. Which possibilities there are, we present to you in the following.

The question of a surname comes up at the latest when a wedding is imminent or a child is born. The German law on names lays down rules for this. Information on questions about the choice of name can be obtained from the registry offices. The registry offices are also responsible for certifying declarations on the naming of spouses and civil partners or on the naming of children.

At the civil marriage ceremony you can determine your married name. The married name is then listed directly on the marriage certificate. If they do not determine a common married name, each partner keeps his previous surname.

You have the following choices for naming when you get married:

Example: He is called Jan Müller, she is called Anne Schmidt. The man leads after the marriage the double name Jan Müller-Schmidt or optionally Jan Schmidt-Müller. That both choose a double name, however, is not possible. Exception: If one partner already has a double name, this can become the common family name. This may consist of a maximum of two names. Thus: A triple name such as Müller-Schmidt-Meyer is not permitted. What is also not allowed: If both carry the birth name Müller, then it can not become Müller-Müller.

When choosing a first name for your child, you have a wide choice. There are only a few restrictions to consider:

• The first name must not violate the child's welfare, not offensive or ridiculous.
• The first name must be recognizable as a name.
• The first name must not be a place name or family name.
• You may not give more than five first names.

And who gets to decide on the first name?

Parents who have joint custody jointly determine the name of the child. If only one parent is entitled to custody, this parent may decide alone.

If the couple is married and has a common married name, a newborn child automatically receives the married name of the parents as a surname or family name. So: If both parents are called Schmidt, the child is also called that. But if one parent is called Schmidt-Müller, then the child can also be given the double name.

It is different if a married couple has different surnames. Here the parents - if they have joint custody - must decide by mutual agreement what the future family name should be. The surname of the mother or the surname of the father can be determined as the family name. This surname will then be given to all other joint children. What does not go is to call the one child Schmidt and the other child Müller.

Also not permissible is a double name from the surnames of both parents. For example: the mother is called Ina Kramer, the father Tim Koch, then the child with surname Kramer or Koch can be called, but not Kramer-Koch and also not Koch-Kramer.

If the parents are unmarried, the following rules apply:

• If the mother is entitled to sole custody at the time of birth, the child automatically gets the surname of the mother.
• Given the unmarried parents before the birth of the child a joint custody declaration, the parents can determine the surname of the mother or father for the child.
• If the parents give the joint custody declaration only after the birth, a change of the child's surname can be applied for within three months at the registry office.

For the decision on the future surname parents have one month to think about. In the event that the parents do not make a choice regarding the child's surname within the month, the family court shall confer on one parent the right to determine the surname alone.