Right to a Name

In the Federal Republic of Germany, a person’s name is governed by the provisions of private law set forth in the Civil Code. According to these provisions, name changes related to family law are generally the following:

• as a result of marriage or the formation of a civil partnership,
• after being adopted as a child,
• following the subsequent establishment of joint parental responsibility or the extension of a parent’s name change to include children,
• upon the remarriage of a parent with custody,
• as a result of further declarations regarding the right to a name (e.g., following a divorce).

The provisions of private law governing marriage, the determination of a child’s parentage, the names of spouses and children, custody, and adoption are set forth in the Civil Code.

Special provisions apply to displaced persons, ethnic German repatriates, and certain groups of people—such as naturalized citizens—who acquired their names under foreign law but are now subject to German law in this regard. They can linguistically adapt their names to the German context by submitting a so-called “declaration of adaptation.”

If the desire to use a specific name cannot be accommodated under the provisions of civil law, there is also the option of changing one’s name under public law in accordance with the Act on the Change of Family Names and First Names.

This procedure for changing one’s name is exceptional in that it serves solely to remedy adverse circumstances in individual cases and thereby avoid undue hardship. The law applies to German citizens, stateless persons, stateless foreigners, foreign refugees, and persons entitled to asylum who are domiciled in the Federal Republic of Germany.

A change of first name or last name is only possible if there is a valid reason, such as if the current name is offensive, sounds ridiculous, or frequently leads to confusion.