Our name accompanies us through life, shapes our identity, and influences how we are perceived by others. But what happens when our name no longer fits our life? Until now, German name law offered only little flexibility in this regard. This has now significantly changed: On May 1, 2025, the Law Amending the Marital Name and Birth Name Law and International Name Law (“Gesetz zur Änderung des Ehenamens- und Geburtsnamensrechts und des Internationalen Namensrechts”) came into effect. This new regulation makes it easier to change one’s family name and expands the possibilities for name selection, which provides more flexibility and is intended to better accommodate the more modern reality of many family models.
The new provisions apply to all persons to whom German name law applies. German name law is applicable to all persons who have their habitual residence in Germany, German citizenship, on the other hand, is not a mandatory requirement.
The Reform of the German Name Law: The Most Important Changes
In the following, we answer your frequently asked questions about the changes and innovations of the reformed German name law:
Yes, children can now also carry a double name composed of the respective family names of their parents. It is important to know: parents do not need to be married or carry a common marital name. This new regulation is therefore particularly interesting for unmarried couples or blended (“patchwork”) families. Here too, the same rule applies: If the parents already carry double names, only one name component per parent may be used when choosing the child’s name to prevent longer name chains. It is also important to know that the chosen family name of the child must also be used for all other following children, cf. Section 1617 Para. 5 German Civil Code.
If the parents do not carry a common marital name and custody belongs to only one parent, the child still automatically receives the name of the custodial parent (should the other parent later on (re-)obtain custody, the child’s birth name can be redetermined according to Section 1617b Para. 1 S. 1 German Civil Code).
Yes, this is possible. If the child has received the marital name of the parents as their birth name according to Section 1616 German Civil Code and the parent in whose household the child lives (after the divorce) resumes their previous name, the child can also adopt this name.
Yes, this is now also possible according to Section 1617e Para. 4 German Civil Code: Stepchildren who had adopted the name of their stepparent can now revert this name (for example, in case of their parents’ divorce or when moving out of the joint household). The name reversion must be declared at the registry office.
Yes, adults can now redetermine their birth name once according to Section 1617i German Civil Code. The name change may only be carried out once and does not require a specific reason. There is one prerequisite: the parents did not have / do not have a common marital name and the (now adult) child accordingly only carries the name of one parent.
The following options are then available for redetermining the name:
- Adopt the name of the other parent
- Form a double name from both parents’ names, or
- Select a single name from an existing double name.
Yes, the new German name law allows gender-adapted forms of surnames. For example, for members of the Sorbian people or for other persons whose name forms follow foreign traditions (like for women adding the suffix “-owa” to their name once they are married). Also, patronymic or matronymic names (i.e., names derived from the first name of the father or mother, for example “Jansen” or “Albertsen”) are now possible, for example. These new regulations thus make it easier for families to show their cultural heritage through their name.
In the context of the adoption of a minor, the child continues to receive the family name of the adopter as their birth name, cf. Section 1757 German Civil Code. Since adopted children hold the same legal rights as biological children, the legal situation of the new German name law applies to them accordingly, cf. Section 1754 German Civil Code.
Yes, this is now possible. Until May 1, 2025, the adopted adult had to take the name of the adopter, so that the adoption was documented “to the outside world.” However, this has changed with the entry into force of the new Name Law in Germany on May 1, 2025.
Following the adoption process, there is now no longer any obligation to change the family name. Adopted adults now have the following options:
- They can object to the name change and keep their previous family name, Section 1767 Para. 3 No. 1 German Civil Code.
- They can form a double name consisting of their old family name and the family name of the adopting person(s), Section 1767 Para. 3 No. 2 German Civil Code. The double name can be written with or without a hyphen and may consist of a maximum of two name components.
- If the adopted adult is married, you need to note: If the birth name changes through adoption, this affects the marital name only if the spouse joins this name change, Section 1767 Para. 4 German Civil Code.
All declarations regarding name choice must be officially certified and submitted to the competent family court before the final adoption.
