Child's Name; Explanation

First Names

If both parents have custody, they decide together on their child’s first name. If only one parent has custody, that parent may choose the first name alone.

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

• Names that are not first names, such as brand names, made-up names, or offensive terms.
• Names that could be harmful to the child’s well-being.

Last Name (Birth Name)

When choosing your child’s last name (also known as the birth name), you as parents should keep the following in mind:

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

• If you are married and use a joint married name, the child automatically receives this married name as their birth name.
• If you are married but do not use a shared married name, you must choose the child’s birth name. This can be the mother’s last name, the father’s last name, or a combined name using both last names. This decision then applies to all future children as well. 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 that parent’s last name as their birth name. However, the parent with custody may also give the child the other parent’s last name or a double-barreled last name formed from both parents’ last names, provided the other parent consents.

The easiest way is to have the desired first and last names entered in the birth registry at the same time you file the birth announcement. Provide the birth facility with the child’s desired first names and last name. The facility will then forward this information to the appropriate civil registry office. The civil registry office responsible is always the one in your child’s place of birth.

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

Some declarations must be notarized. This can be done by either a notary or the civil registry office. To do so, the individuals submitting the declaration must appear in person at the certifying authority. For more information, contact the relevant civil registry office.

The name of a child who has his or her habitual residence in Germany is generally determined in accordance with German law. However, you may declare at the civil registry office that the child should be given a name:

1. under the law of the country of which one parent or the child is a national,
2. under German law, if one parent has their habitual residence in Germany, or
3. under the law of the country of which the person granting the name is a national.

Detailed information and guidance on foreign naming laws can be obtained from the embassy or consulate of the respective country. For more information on the options for choosing the law of another country—if applicable, by means of a declaration—please contact the relevant civil registry office.

First Name

If you have not yet provided a first name to the registry office when filing the birth report, you must do so within one month of the birth.

Last Name (Birth Name)

You must also notify the registry office of the child’s birth surname within one month of the birth. If you fail to do so, the registry office is required to inform the competent family court.

The family court will then assign the right to determine the child’s surname to one of the parents. The child will receive that parent’s surname as their birth surname, unless that parent designates the other parent’s surname as the child’s birth surname.

There is no cost to you for the birth registration. Afterward, a fee of 30 € applies for each declaration, consent, or approval required under family law.