Name of the child; declaration

First names

If both parents have custody, they decide jointly on the first name of their child. If only one parent has custody, they can choose the first name alone.

You can define the first name yourself. However, the following names are not permitted:

• Names that are not first names, such as trade names, fantasy names or offensive terms.
• Names that could harm the child's welfare.

Family name (maiden name)

When choosing your child's surname (also known as their birth name), parents should bear the following in mind:

Depending on your marital status and custody status at the time of the child's birth, you may have to submit a name declaration:

• If you are married and have a joint married name, the child automatically receives this married name as its birth name.
• If you are married but do not have a joint married name, you must choose the child's maiden name. This can be the mother's surname, the father's surname or a double name made up of both surnames. This decision then also applies to all other children. The same applies if you are not married but have joint custody.
• If you are not married and one parent has sole custody, the child automatically receives the surname of this parent as its birth name. However, the parent with custody can also give the child the surname of the other parent or a double name made up of the surnames of both parents if the other parent agrees.

First name

If you have not yet notified the registry office of your first name when you announce the birth, you must do so within one month of the birth.

Family name (maiden name)

You must also inform the registry office of the child's birth name within one month of the birth. If you do not do this, the registry office is obliged to inform the competent family court.

The family court then transfers the right to determine the name to one of the parents. The child receives the surname of this parent as the child's birth name, unless this parent chooses the surname of the other parent as the child's birth name.

There are no costs for you for the birth certification. Thereafter, there is a charge of €30 for declarations, consents or approvals based on family law regulations.

• §§ Sections 1616 - 1618 of the German Civil Code (BGB)
• § Section 45 of the Civil Status Act (PStG)
• § Sections 21 and 22 of the Civil Status Act (PStG)
• Art. 10 Introductory Act to the German Civil Code (EGBGB)

The easiest way is to have the desired first names and surnames entered in the birth register as part of the birth announcement. Inform the birth institution of the desired first names and the child's surname. This facility will then forward the information to the relevant registry office. The registry office of your child's place of birth is always responsible.

If you do not do this, you must submit a declaration on the child's name within one month of the birth.

Some declarations must be notarized. This can be done by a notary or the registry office. To do this, the person making the declaration must appear in person at the notarizing office. Further information can be obtained from the relevant registry office.

The name of a child with habitual residence in Germany is generally determined according to German law. However, you can declare at the registry office that the child should be given this name:

1. according to the law of the country to which a parent or the child belongs,
2. under German law, if one of the parents has their habitual residence in Germany, or
3. according to the law of the country to which the person giving the name belongs.

The embassy or consulate of the country in question will provide you with detailed information on foreign naming laws. For more information on the possibility of choosing the law of another country by declaration, please contact the relevant registry office.