If the parents have a joint married name, the child receives this as its birth name.
If the parents have joint custody (because they are married to each other or have submitted a custody declaration to the Youth Welfare Office) but do not have a joint married name, the parents can use the mother’s surname or the father’s surname as the child’s birth name for their first joint child. This rule also applies to all further joint children for whom joint custody exists and is free of charge.
If the mother has sole custody, the child is given the name that the mother has at the time of birth.
Naming is possible in the following cases:
- The sole custodial mother can give the child the name of the non-custodial father as the child’s birth name. The father must consent to the giving of the name.
- The custodial mother and her (new) husband, who is not the child’s father, can give the child their joint married name as the child’s birth name. If the child’s father also has custody of the child or if the child bears the father’s name, the father must consent to the name change.
If the parents marry after the birth and decide on a joint married name, the birth name of the child under the age of 5 changes automatically. For children aged 5 and over, a separate declaration must be submitted if the child’s name is also to change as a result. If no declaration is made, the child retains its previous surname.
If the parents declare joint custody after the birth of the child, the child’s birth name can be changed within three months of the declaration of custody.
If foreign law is to be observed, please consult us regarding the child’s name.