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Name right - family names in marriage and first names for children

The right to a name provides for a name declaration in the event of a marriage.

Name rights are relevant in family law as soon as a wedding pending or a name has to be chosen for the child. But what exactly does that say Civil Code (BGB) to naming rights? Can children be given any name? What right do parents have here? Our guide should answer these and other questions. In doing so, we look specifically at the naming rights for marriage and the naming of a child. The following applies to all statements Registry office is the right contact person for naming rights.

Married names: right to name after marriage

In Germany that regulates it Civil Code (BGB) the naming right at marriage. The Section 1355 is overwritten with "married name" and reads as follows:

§ 1355 BGB married name:

(1) The spouses should have one common surname (married name) determine [...] If the spouses do not determine a married name, they also use their name at the time of the marriage after marriage.
(2) For the married name, the spouses can [...] the Birth name or determine the […] name of the woman or the man.
(3) The statement on the Determination of the married name should take place at the time of marriage. If the declaration is made later, it must be publicly authenticated.
(4) A spouse whose name does not become a married name may prefix or add [...] his maiden name or the name in use at the time of the declaration [...]. This does not applyif the married name consists of several names. If the name of a spouse consists of several names, only one of these names can be added. The declaration can [...] be revoked; in this case a new declaration [...] not permitted. The declaration, if it is not made at the time of the marriage [...], and the revocation must be publicly certified.
(5) The widowed or divorced spouse keeps the married name. He can [...] take back his maiden name or the name he used until the married name was determined, or prefix or add to the married name his maiden name or the name used at the time the married name was determined. [...]

So if two lovers get married, the German naming law does not various possibilities to.

  • The spouses are required to send by Name declaration to adopt a common name. However, they are obliged to do so Not.
  • If you choose a married name, the spouse can either use the new name or his / her current name append or prepend.
  • In the event of a divorce, each party regularly keeps the in-law nameswhich is why this also applies to a new marriage from the new partner can be taken over.

The naming law, which regulates marriage and related naming issues in Germany, also includes that Name right in the event of divorce.

You can find out more about divorce law in our divorce guide.

An example of marriage naming law

Margot pattern and Berthold example fall in love and get married. Now both can keep their last names or choose one of them as a Married names decide. Should "Template" can be determined as such Mr. Example either drop its old name or from now on

respectively

be called.

A common child would be named “Muster”, as this is the one established by a name declaration Married name is. So only Berthold would have the double name. If the marriage breaks up, Berthold keeps the new (double) name, if he does not use one Declaration to the registry office and reassumes its former name.

Should he now on the beautiful Erika example meet and re-enter the covenant, Erika could face the decision of either hers To keep names or pick one of her fresh husband's double names to add to her own. So theoretically she could also use the name of Ms. Muster take. Margot or her family would have no legal control on the other hand.

The Name right at marriage is therefore somewhat liberal and grants the partners great freedom. A double name as a married name is however locked outsince this is too long in just a few generations "Tapeworm Names" can lead.

The fact that the naming law in the event of divorce stipulates that the name of the ex-partner can be “taken with you” into a new marriage may seem at first glance unusual appear. But what about naming rights in children after the marriage out?

The name for the child and his family name must be found by mutual agreement of the custodians.

German naming rights for children

In the Naming a child can two questions put.

  1. Which family name should the child be given?
  2. What first name can I give my child?

Name right for the child: family name

The Paragraphs 1616 ff. BGB deal with the question of which Birth names children should receive. The two decisive determinations are mentioned below:

Section 1616 BGB maiden name for parents with married names

The child receives the Married names of his parents as a birth name.

Section 1617 Name at birth for parents without married names and joint custody

(1) Lead the parents no married name and if they are jointly responsible for the care, they determine [...] the name that the father or mother uses at the time of the declaration for Birth name of the child. […] The determination of the parents also applies to her other children.

(2) Meet the parents inside one month no determination after the birth of the child, the family court transfers the right of determination to one of the parents. […] The court may give the parent the right to exercise the right of determination a deadline put. If the right of determination has not been exercised after the deadline, the child receives the name of the parent who has the right of determination.

At a common married names the child would automatically wear the same. If the couple did not choose one, they have a name to determine. Double names are not permitted.

According to the naming law, parents have one month to think about the child's name.

The decision about one Family name for the child must be taken within a month. Otherwise, the court will appoint a person entitled to make a decision, who in turn will give the newborn a deadline Assign surname Has. If this deadline also passes, the baby will have it Parent's family name, which was appointed by the court as the decision-maker.

Name right for the child: first name

There is a lot to read from unusual first namesthat are either approved by registry offices or in the interests of the child were rejected. in the Civil Code However, one looks in vain for guidelines and regulations for assigning a first name. In Germany, parents are basically free to do what that Name right for first names concerns.

But ultimately, the registry offices decide whether a name is on the Birth certificate come or not. This is where the officials act of course not arbitrarily, but are based on a regulation that deals with the right to change names. It is the “General administrative regulation on changing family names and first names” (NamÄndVwV).

The NamÄndVwV should actually only the legal situation for the Change of name of a person regulate. In the absence corresponding regulations in the Civil Code, the instances also use the rules laid down here when naming a newborn child.

In the third section ("Choice of new first names") is called under Point 66:

Allowed as new first names offensive terms or terms that are not given names by their nature are not chosen become. May also be used as first names Family name not chosen unless there are exceptions according to local tradition. Several first names can be combined into one first name; likewise is the use of a common one Short form of a first name permitted as an independent first name.

Above all, it should be noted that a first name is derived from his Word meaning must be used as such. Because of this, names like "Sun" or "Autumn wind" regularly rejected. It is also crucial to have first names not offensive may be. Disparaging names like "Verleihnix" are therefore not permitted.

Point 67 adds another important benchmark added. Here it says:

For persons who are male male only, for persons of the female sex female only First names allowed. Only the first name Maria can be used by male persons next to one or more male First names must be enclosed.

It should be noted here that dishes do opposite have decided. So are names like "Simone" or “Andrea” has already been approved as a first name for male babies, as they are in other regions the earth are considered typical boy names. But here was often the condition put that at least another, clearly more masculine First name is given. The same applies to female first names such as "Mike".

In the event of divorce, naming law does not provide for a change of surname.

The U-turn must have come 1997 when the OLG in Frankfurt am Main decided that a first name that is ambiguous in terms of gender must be allowed if this is a "Uniquely identifying first name added" becomes. The dispute concerned the name “Raven”. (OLG Frankfurt am Main 20 W 8/95)

Should Parents and registry offices do not agree name disputes are heard in court. So it may well happen that first names, which the registry office did not want to allow according to naming law, from Court approved were. Babies are like that in Germany "November" or "London" were named. In the year 2003 is "Emilie Extra" were approved as a first name for a girl. The key point is always that that Child welfare is not affected. What that means, however, ultimately lies in the Discretion of the decision-making authorities.

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Name right - family names in marriage and first names for children
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