German Name Change Lawyers

Questions of German name law tend to arise when life changes: a marriage, the birth of a child, a divorce, or a move to a new country. For international clients, there are often two legal systems at play. For example, when spouses of different nationalities choose a married name, and a child is born in Germany to foreign parents, a German civil registry office (Standesamt) will not record the name in its original form, or the name will be Germanized upon naturalization. A major reform that took effect on May 1, 2025, has also significantly expanded the options available, particularly for married names and children’s surnames.

At Schlun & Elseven Rechtsanwälte, our name law team advises clients in Germany and abroad on first and last names, name changes, and the protection of a person’s name. We assess the options available to you early on, handle proceedings before the registry office and other authorities, and see the process through until your name is officially recorded in the form you want.

Since the 2025 reform, a person’s name is generally governed by the law of the country where they habitually live (gewöhnlicher Aufenthalt), rather than by the law of their nationality. Foreign nationals living in Germany are therefore usually subject to the German rules on first names, children’s surnames, and married names described on this page. However, international families can choose a different law in certain situations. Names determined before the reform generally remain subject to the previous rules, although transitional provisions allow certain changes, such as forming a double-barreled married name. For people living outside Germany, German name law is mainly relevant when a German registry office is involved, for example, because a spouse or child is a German national.

The core rules are found in the German Civil Code (Bürgerliches Gesetzbuch, BGB). Sections 1616 et seq. BGB govern children’s names, and Section 1355 BGB governs the married name. The conflict-of-laws rules in Articles 10, 47, and 48 of the Introductory Act to the Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuche, EGBGB) determine which country’s law applies in international cases. Two further statutes sit alongside these. The NamÄndG allows a name to be changed for good cause outside family law events, and the Self-Determination Act (Selbstbestimmungsgesetz, SBGG) governs changes to the first name and gender entry. Trademarks and domain names are subject to their own rules, so our name law team regularly considers several areas of law together.

In practice, there are three main routes to a new or different name in Germany:

Parents, or anyone else with parental responsibility (Sorgerecht), are generally free to choose a child’s first name. That freedom has limits, however. The registry office will reject a chosen first name if:

• It is not clearly suitable as a first name and instead appears to be a surname or the name of an object,
• It endangers the child’s welfare, for example, because it is offensive, ridiculous, or demeaning, or because it is not recognizable as a first name in German culture,
• It is a title of nobility or an official title, which is not permitted as a first name.

Where one parent is a foreign national, choosing that parent’s national law can make first names available that are common in the parent’s home country but would otherwise run into difficulties under German law.

Since a 2008 decision of the Federal Constitutional Court (Bundesverfassungsgericht, BVerfG), a first name no longer has to indicate clearly whether the child is male or female (BVerfG, decision of December 5, 2008, case no. 1 BvR 576/07). Several first names are permitted, although the Federal Constitutional Court has held that limiting their number can be proportionate in the interest of the child’s welfare. Anyone with several first names who only wants to change their order, not their spelling or number, can do so under Section 45a of the Civil Status Act (Personenstandsgesetz, PStG) by making a simple declaration to the registry office. A full name change procedure is not required.

Choosing a first name is usually the simpler decision. The child’s surname depends on the parents’ own names and on who holds parental responsibility.

As a general rule, a child takes its parents’ married name (Ehename) as its birth name (Geburtsname). The parents may not share a married name, for example, because they are not married or because each kept their own name after marrying. If they have joint parental responsibility, they can choose the child’s birth name by declaration to the registry office. The options are the surname of one parent or a double-barreled name (double surname) formed from both parents’ surnames, with or without a hyphen. If one parent already has a double-barreled name, only one part of it can be used to form the child’s double-barreled name.

If only one parent has parental responsibility, the child initially takes that parent’s surname. The parent with sole parental responsibility can, however, give the child the other parent’s surname or a double-barreled name instead. This requires the other parent’s consent and, once the child has turned five, the child’s own consent as well (Section 1617a(4) BGB).

Example: Ms. Berger has sole parental responsibility for her daughter, Mira. Mira’s father is Mr. Ostrowski. If Ms. Berger wants her daughter to be named “Mira Berger-Ostrowski” rather than “Mira Berger,” she needs Mr. Ostrowski’s consent.

A child’s surname can also be redetermined later in various situations. These include cases where joint parental responsibility is established after the birth, a paternity challenge succeeds, a parent resumes a former name after divorce or bereavement, or the child is adopted. Depending on the child’s age, the child’s own consent may also be required. Two further situations are particularly common in blended families:

• Taking a stepparent’s name (Einbenennung): If a parent remarries and the child lives in the same household as the new spouse, the child can take the stepparent’s name, place it before their own name, or combine the two to form a double-barreled name. This requires the consent of the other biological parent or a family court order in place of that consent.
• Reverting to the original name (Rückbenennung): A child who has taken a stepparent’s name can later return to the original birth name, for example, if the relationship with the stepparent breaks down or the stepparent’s marriage to the biological parent ends.

Since the reform, adults can also redetermine the birth name they acquired as a minor, once, for example, by keeping only one part of a double-barreled name. This generally requires the consent of the parent concerned, if that parent is still alive. Special rules apply to children born before May 1, 2025.

Because these situations usually involve several people with different interests, it is advisable in almost all cases to have a lawyer guide the proceedings before the registry office or the family court (Familiengericht). Many of these rules build on the parents’ married name, which is where the 2025 reform brought the most significant changes.

When they marry, or at any point afterward, spouses can decide whether to keep their existing names or choose a shared married name (Ehename). The married name can be one of the following:

• the birth name of either spouse,
• a name either spouse was already using at the time of the marriage,
• a double-barreled name formed from the birth names or current surnames of both spouses.

The double-barreled option is the key change introduced by the reform. The couple is free to decide the order of the two names and whether to hyphenate them.

Example: Ms. Kowalczyk and Mr. Berends are getting married. Their options include Kowalczyk-Berends, Berends-Kowalczyk, Kowalczyk, and Berends. Both double-barreled forms are also possible without a hyphen.

A double-barreled married name can consist of no more than two names, so long chains of names remain excluded. If one partner already has a double-barreled name, only one part of it can be used to form the new married name. Under Section 1355a BGB, the spouse whose name did not become the married name can add their own birth name or previous surname to it as an accompanying name (Begleitname). This is not possible if the married name already consists of more than one name.

Section 1355b BGB also allows each spouse to use the married name in a gender-adapted form, where another country’s legal system provides for that form and it either reflects the spouse’s origin or the name traditionally comes from that language area. This is relevant, for example, in naming traditions where a woman’s surname takes a different ending from a man’s, as in Polish or Czech. The same option exists for a child’s birth name.

If the marriage ends by divorce or death, the spouse concerned may keep the married name or revert to an earlier name. Where no family law event, such as a marriage or birth, provides the opportunity for a new name, a separate procedure applies.

Outside family law events, a name can only be changed under Section 3 NamÄndG if there is good cause (wichtiger Grund). This is because a name also provides legal certainty in dealings with authorities and business partners. The procedure is available to German nationals and, if they live in Germany, to stateless persons, recognized refugees, and persons entitled to asylum. Other foreign nationals cannot use it. For them, a choice of law under the EGBGB is usually the more relevant route.

In our experience, registry offices tend to assess these applications cautiously. Case law and administrative practice recognize several categories of good cause, including:

• a name that sounds offensive, demeaning, or ridiculous,
• a name that causes more than minor spelling or pronunciation difficulties in everyday life, as can be the case with very long surnames, foreign-language names that are difficult to pronounce in German, or names containing “ß” or umlauts where these cause considerable difficulties in practice,
• a very common name that demonstrably leads to regular mix-ups,
• sharing a rare name with a well-known offender,
• objectively understandable psychological distress caused by the name.

Cases involving psychological distress are subject to particularly strict requirements. According to the case law of the Federal Administrative Court (Bundesverwaltungsgericht), a brief medical certificate is insufficient; a detailed expert report is required. Applications regularly fail on this point, even where the distress is genuine.

A rejected application is difficult to reverse, so we strongly recommend obtaining a lawyer’s assessment of the prospects of success before applying. Our German name law team assesses your specific case in advance and prepares the application accordingly. For many international families, however, the more relevant question is not whether a name can be changed, but which country’s law governs it in the first place.

International families have several options for choosing which country’s law governs their names:

• Choice of law for the married name, Article 10(2) EGBGB: Spouses can determine that their future name will be governed by the law of a country of which one of them is a national, or in which one of them has their habitual residence.
• Choice of law by adults, Article 10(4) EGBGB: Any adult can choose the law of their country of nationality for their own name. This is particularly relevant where a name was Germanized on naturalization, and the person wants to return to the original foreign form.
• Choice of law for a child’s birth name, Article 10(3) EGBGB: Those with parental responsibility can determine the child’s birth name under the law of a country of which one parent or the child is a national. This can make name forms available that are common abroad but have been problematic under German law.
• Names acquired in the EU, Article 48 EGBGB: A name lawfully acquired and registered in another EU member state can be adopted by declaration to the German registry office.
• Adjustment to German law, Article 47 EGBGB: Anyone with a foreign name that is now governed by German law can adapt it to the German legal system. Examples include forming a first name and surname from a multi-part name or converting the name into a German-language form. The core of the surname must be preserved to maintain continuity. This is relevant, for example, to people from countries where names do not follow a first-name-and-surname structure.

The reform has concrete consequences for couples where one partner is a German national living outside Germany. If they marry on or after May 1, 2025, their married name is automatically governed by the law of the country where they live. If the couple wants German law to apply instead, they must declare this expressly to a German registry office.

The reform also simplifies matters for children born abroad to a German parent. The child’s name is initially formed under the law of the country where the parents live and entered on the foreign birth certificate. As a rule, this name can be transferred to the child’s German passport without any further declaration.

Declarations on choice of law and names can be certified at the competent German mission abroad, meaning an embassy or consulate, which forwards them to the competent German registry office.

A name determined under German law will not necessarily be recognized in the country of nationality of the person concerned. It is worth checking this before making a declaration, to avoid ending up with different names in German records and in a foreign passport.

Names written in non-Latin scripts, such as Arabic or Cyrillic, are transliterated for German records. The resulting spelling can differ from the one in other documents. Where a registry office will not record a foreign name in the expected form, we can help clients resolve the issue with the German authorities.

In practice, foreign civil status documents such as birth and marriage certificates play a central role in all of these procedures. German registry offices often require them to be submitted with a German translation by a sworn translator. Depending on the issuing country, an apostille or legalization may also be needed. Our German name law lawyers can clarify early on which documents a case requires.

For foreign nationals living in Germany, a name change does not end at the registry office. The new name also needs to be reflected in the passport issued by their country of nationality and in their German residence permit, which is issued by the Ausländerbehörde (local foreigners authority). Where names differ between these documents, problems can arise in everyday life, for example, with banks, employers, or when traveling. We help clients coordinate these steps.

Since November 1, 2024, trans, intersex, and non-binary people have been able to change their gender entry and first name under the SBGG. They must first register the change with the competent registry office at least three months in advance. Once this period has passed, they can make the declaration changing their gender entry and stating the first names they will use in the future. Beyond choosing or changing a name, German law also protects a name once it is held.

Beyond the question of how a name is formed, Section 12 BGB gives every name holder an independent right to defend their name. If a third party uses the name without authorization or uses it in a way that causes confusion with the rightful holder, the holder can demand that the interference be removed. Where there is a risk of repetition, the holder can also seek an injunction to stop it (injunctive relief). If the conduct is culpable, a damages claim under Section 823 BGB may also be possible, for example, where someone else’s name is used in advertising without permission. Merely mentioning a name in factual reporting is a different matter and is generally permitted.

In practice, this often concerns the use of names without authorization in domain names, social media profiles, or advertisements. Acting quickly out of court is usually decisive in preventing further use.

Civil law name protection is distinct from trademark and domain law, although the areas often overlap, for example, where a well-known name is registered as a domain without authorization. At Schlun & Elseven Rechtsanwälte, we also advise on these related issues and coordinate the civil law approach with any trademark claims.