Right to a name

When a child is born, the parents have to decide on the first name and surname of their offspring. 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. We will show you the options below.

The question of a surname comes up at the latest when a wedding is imminent or a child is born. German naming law lays down rules for this. The registry offices provide information on questions about choosing a name. The registry offices are also responsible for notarizing declarations on the names of spouses and partners or the names of children.

You can choose your married name at the civil marriage ceremony. The married name is then listed directly on the marriage certificate. If you do not decide on a joint married name, each partner keeps their previous surname.

You have the following naming options when you get married:

Example: He is called Jan Müller, she is called Anne Schmidt. After the marriage, the man has the double name Jan Müller-Schmidt or optionally Jan Schmidt-Müller. However, it is not possible for both partners to choose a double name. Exception: If one partner already has a double name, this can become the joint family name. This may consist of a maximum of two names. So: A triple name such as Müller-Schmidt-Meyer is not permitted. What is also not allowed: If both partners have the maiden name Müller, this cannot become Müller-Müller.

You have a wide choice when choosing a first name for your child. There are only a few restrictions to consider:

• The first name must not be contrary to the child's best interests, 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 assign more than five first names.

And who gets to decide on the first name?

Parents who have joint custody jointly decide on the child's name. If only one parent has custody, that parent may decide alone.

If the couple are married and have a joint married name, a newborn child automatically receives the parents' married name as their surname or family name. So: If both parents are called Schmidt, the child will also be called Schmidt. However, if one parent is called Schmidt-Müller, the child can also be given the double name.

The situation is different if a married couple have different surnames. In this case, the parents - if they have joint custody - must decide by mutual agreement what the future surname should be. The surname can be the mother's surname or the father's surname. This surname will then be given to all other joint children. What is not possible is to name one child Schmidt and the other Müller.

A double name made up of the surnames of both parents is also not permitted. For example: The mother is called Ina Kramer, the father Tim Koch, then the child's surname can be Kramer or Koch, but not Kramer-Koch or Koch-Kramer.

If the parents are unmarried, the following rules apply:

• If the mother has sole custody of the child at the time of birth, the child is automatically given the mother's surname.
• If the unmarried parents make a joint custody declaration before the birth of the child, the parents can choose the mother's or father's surname for the child.
• If the parents only make a joint declaration of custody after the birth, a change of the child's surname can be applied for at the registry office within three months.

Parents have one month to decide on the future surname. In the event that the parents do not make a choice regarding the child's surname within the month, the family court grants one parent the right to choose the surname alone.