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Explain the redetermination of a child’s birth name

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If you declare joint custody of a child after the birth (custody declaration), you can change the child's surname within 3 months of submitting the declaration.

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Detailed description

You can change your child's surname if you only obtain joint custody with the other parent after the birth by making a custody declaration.

 

Information

Prerequisites

  • Your child already has a name.
  • They establish joint parental custody with the other parent only after the birth of the child.
  • If your child is 5 years or older, he or she must consent to changing his or her surname.
  • If the child is already 14 years old or older, he or she must submit the declaration himself or herself. In this case, the parents must agree to the child's declaration.

Documents required

  • Child’s birth certificate (if necessary with official translation)
  • Identity cards or passports
  • Marriage certificate or
  • Proof of custody

In individual cases, additional documents may be required. You can request these from the registry office.

Please note

If you, your spouse or the child do not speak German, you must hire an interpreter at your own expense.

Deadlines

You must notify the registry office of the new birth name within three months of establishing joint custody of the child.

Procedure

You can submit the declaration of name change at the registry office. The declaration can also be submitted before a notary and publicly certified. The declaration becomes effective as soon as it arrives at the responsible registry office.

Processing time

no

Fees

The costs amount to at least 35.50 euros.

Legal remedies

no

Legal basis

§ 46 Civil Status Ordinance (PStV)

https://www.gesetze-im-internet.de/pstv/__46.html




Section 1617b paragraph 5 of the German Civil Code (BGB)

https://www.gesetze-im-internet.de/bgb/__1617b.html




§ 45 Civil Status Act (PStG)

https://www.gesetze-im-internet.de/pstg/__45.html

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Last updated: 07.10.2024