Ehenamen bestimmen

Bürgerliches Gesetzbuch (BGB):

• § 1355 Ehename
• § 1355a Begleitname
• § 1355b Geschlechtsangepasste Form des Ehenamens nach sorbischer Tradition und ausländischen Rechtsordnungen
• § 1616 Geburtsname des Kindes bei Eltern mit Ehenamen
• § 1617 Geburtsname bei Eltern ohne Ehenamen und gemeinsamer Sorge
• § 1617c Name bei Namensänderung der Eltern

Einführungsgesetz zum Bürgerlichen Gesetzbuche (BGBEG):

• §10 Name

Personenstandsgesetz (PStG):

• §41 Erklärungen zur Namensführung von Ehegatten

Verordnung des Innenministeriums zur Durchführung des Personenstandsgesetzes (PStG-DVO):

• §5 Erhebung von Gebühren und Auslagen

As a married couple you can

• Keep your existing names or
• choose a joint married name. The spouses can decide on a married name vis-à-vis the registry office:
  • the birth name of one spouse
  • the family name of one spouse at the time of the birth of the declaration or
  • a double name formed from your two names. In this case, the names used for the double name are joined by a hyphen, unless you decide that the names are not to be joined by a hyphen. If the name that is to be designated as the married name, either alone or as one of the names of a double name, consists of several names, the following also applies: in the event that the birth name or the family name of a spouse used at the time of the declaration, only one or some of the names of which the name consists may be designated as the married name instead of the entire name. In the case of existing double and multiple names and in the case of married names with accompanying names, only one of the names that make up the respective name can be used to form the new married name.

• valid identity card or passport
• in case of name change after marriage: marriage certificate

Note: Further documents may be required.

You are married.

You can also decide on a married name after the marriage.

There is no time limit for this.

It is also possible to choose the name from a previous marriage, including a companion name if applicable, as your married name.

Children receive the married name of their parents. Parents often have different names. Please refer to the information on "Registering the child's name with the registry office after birth" to find out which names are possible.

Tip: There are many options for determining the name. In some cases, there are also special features to consider, for example

• the naming of foreign married couples or,
• if children were born together before the marriage.

It is also possible to determine a gender-adapted form of the married name according to Sorbian tradition and foreign legal systems.

In these cases in particular, seek advice from the registry office.

• for the notarisation of name declarations: EUR 40.00
• retain previous name: free of charge

When you get married, you declare to the registry office which name you and your spouse wish to use in future.

You must declare the change of married name after the marriage in writing at the relevant registry office. You must have this declaration notarised or certified at a notary's office or registry office. The registry office at which the marriage was notarised is responsible for accepting the declaration.

Foreign marriages are subject to the name law of their home country. If (at least) one of the future spouses has their habitual residence in Germany, they have the right to choose. They may then choose between the law of the country to which the foreign spouse belongs and German law.

usually immediately

none

Reference is made to the information brochure of the Federal Ministry of Justice on naming rights.

Application for a court decision