Bescheinigung über Erklärungen zur Namensführung Erteilung bei fehlendem inländischen Personenstandseintrag

Persons who are married to each other may, under certain circumstances, be able to change their name after marrying abroad by making a declaration to a German registry office.

The registry office will issue a certificate to this effect.

Spouses can choose their own names.

The following name declarations can be considered, provided that German personal statute applies to the spouses:

• Marriage name determination (also after the marriage)
• Adoption of a companion name (prefixing or adding)
• re-acceptance of the maiden name

The corresponding declaration must be made to the registry office The declaration is highly personal.

Furthermore, the person making the declaration must have legal capacity; for persons with limited legal capacity, the provisions of § 106 BGB apply, and for persons under guardianship, §§ 119ff BGB apply.

Declarations made after marriage always require public certification.

In Germany, notaries and any registrar appointed in Germany are responsible for certification. In the case of declarations abroad, the certification and authentication authority of the German consular officials must be observed.

Declarations of name are declarations of intent which require official receipt and only become effective after receipt by the competent German registry office.

If there is no German marriage or marriage registration for the marriage, the registry office in whose jurisdiction one of the declarants has or last had his or her residence or habitual abode is responsible for receiving a declaration on the use of the name in the marriage. If there is such a domestic connection, this competence comes into effect if the marriage was concluded abroad and has not yet been subsequently recorded in a German marriage register. If there is no such domestic connection in the form of a domicile or habitual residence in Germany, Standesamt I in Berlin is responsible.

• Identity document (identity card or passport)
• Marriage certificate or certified extract from the marriage register

with translation, apostille and, if necessary, verification of content. (To be determined in detail by the competent registry office).

• The declarants must be married to each other.

• The corresponding declaration must be made to the registry office.

• Declarations on marriage names must be made in person.

• The declaration can only be made by persons with legal capacity.

• The declaration must be publicly notarised.

There may be a charge for the names.

Please contact your registry office.

• The declaration on the use of the name in marriage is made personally by the married couple at the competent registry office.

Only after the registrar has examined the underlying facts and concluded that a name declaration is possible, can the spouses choose to use their names

• according to the law of a state to which one of the spouses belongs, or
• according to German law, if one of you has his or her habitual residence in Germany.

Case-by-case

No deadlines

If the registrar's office refuses your request for a certificate, you can apply to the relevant court to order the registrar's office to issue the certificate to you.

Under certain circumstances, spouses can arrange the use of their name in the marriage, even after the marriage abroad, by making a declaration at a German registry office.