Name of the child; declaration

First names

If both parents have custody of the child, they decide on the child's first name(s) together. If only one parent has custody, they may choose the first name(s).

You can choose the first name yourself. Designations are not permitted,

• which by their nature are not first names, such as trade names, fantasy names, slurs or
• which are detrimental to the child's welfare.

Family name (birth name)

When determining the family name of your child (also known as the birth name), you as parents must take the following into account:

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

• You are married to each other and have a joint married name. The child will then automatically receive your married name as its birth name.
• You are married but do not have a married name and have joint custody of the child. You must decide on the child's birth name. Either the mother's surname or the father's surname. This provision then also applies to all other children.
• You are not married but have joint custody of the child. Even then, you must choose the child's maiden name, either the mother's or the father's surname.
• You are not married to each other and one parent has sole custody of the child. In this case, the child will automatically be given their surname. However, as the parent with custody, you can also give the child the surname of the other parent. However, this is only possible with the other parent's consent.

The easiest way is to have the desired first names and surnames entered in the birth register as part of the birth announcement. Give the desired first names and the child's surname to the birth institution. They will forward the information to the registry office when the birth is registered. The registry office of your child's place of birth is always responsible.

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

Certain declarations require public certification, which can be carried out by the registry office as well as the notary. However, the person making the declaration must appear in person at the certifying office. Further information can be obtained from the relevant registry office.

The name of a child with German citizenship is generally determined according to German law. This also applies to children who have one or more foreign nationalities in addition to German nationality. In the case of children with exclusively foreign nationality, naming is generally governed by the law of the country to which they belong. The embassy or consulate of the country in question can 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.

First name

If you do not provide the registry office with a first name when registering 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. After this period has expired, the registry office is obliged to notify the competent family court.

The family court will then assign the right to determine the name to one of the parents. The child will be given the name of this parent if they do not choose the name of the other parent for the child.