Name Change Under Public Law
Service description
In the Federal Republic of Germany, a person’s first name and last name are primarily governed by the provisions of private law set forth in the German Civil Code (BGB) and the provisions of the Introductory Act to the BGB (EGBGB). These provisions form the basis, among other things, for German private international law governing the use of names by individuals, including those with foreign nationality.
The German Civil Code (BGB) primarily governs the formation of names and name changes resulting from family law circumstances such as birth, marriage, divorce, a parent’s remarriage, the subsequent establishment of joint parental custody, and adoption. For individuals who acquired their names under foreign naming laws but are now subject to German naming laws, there are special provisions in the form of declarations of alignment. German naming law is, in principle, comprehensively regulated by the provisions of private law. The civil registry office records the required declarations.
In contrast, a name change under public law pursuant to the Act on the Change of Family Names and First Names (NamÄndG) is a secondary procedure and is carried out by means of an official decision. It serves to resolve difficulties in individual cases and to avoid undue hardship resulting from the current use of a name. It is granted only upon application, is always exceptional in nature, and applies to atypical circumstances; it is not intended to protect the person bearing the name from every kind of inconvenience or difficulty caused by the name they use. Surnames and first names may only be changed if there is a compelling reason justifying the name change, as German name law is still governed by the principle of name continuity, given that a name serves a social organizing function and is an important identifying characteristic.
An important reason may exist, for example, in the case of
- names that sound offensive or ridiculous,
- very common mix-ups due to a common surname (e.g., Müller, Schmidt),
- Names that are very difficult to spell or pronounce, or that contain umlauts or a “ß,”
- "Children of separated parents" or "foster children" who have a different last name than the person with custody,
- use of a false name in good faith,
- an unreasonable emotional burden, the cause of which lies mainly in the name itself.
Procedure
The written application must be filed with the municipality of residence. That municipality has the appropriate application forms available. The municipality of residence decides on applications to change a first name if it has more than 7,500 residents. Otherwise, the Fulda District Council makes the decision (all other first-name changes and all last-name changes). Prior to the decision, an official investigation is conducted, and a written or oral hearing is held with the parties involved in the proceedings. If the name change concerns a minor, the responsible youth welfare office is involved in the official investigation to the extent possible. Fees and expenses are payable for processing the application. A decision on the application is issued in writing; this notice is sent to all parties involved and includes the final decision on costs. If the application is granted, a name change certificate is issued to conclude the proceedings.
Prerequisites
Under the NamÄndG, only the first name or last name of a German citizen, a stateless person, or a foreign national without a national home who has their habitual residence in Germany, or of a person entitled to asylum or a foreign refugee residing in Germany, may be changed.
For a person with limited legal capacity or no legal capacity, the legal representative submits the application; a guardian or custodian requires the approval of the family court for this purpose, while a conservator requires the approval of the guardianship court. If the name of a minor is to be changed, both parents must file the application if they have joint custody. If the last name of several family members is to be changed, a separate application is required for each person; this does not apply to minor children, to whom the name change extends by operation of law. If a married name is used, it must also be specified whether the married name or the birth name is to be changed, or whether both names are to be changed. During the marriage, the married name may be changed only upon application by both spouses, only for both spouses jointly, and only in the same form.
The proposed new name and the grounds for the application must be included in the application, as the applicants’ legitimate interest in the requested name change must be determined primarily on the basis of their own submissions. The circumstances relevant to the decision will be determined ex officio.
The applicants’ legitimate interest in the requested name change must outweigh the conflicting legitimate interests of other parties involved and the public interest in retaining the previous name (good cause; see above). The new first name or last name must not give rise to new difficulties.
What documents are required?
The documents and supporting evidence required in addition to the written application depend on the specific circumstances of each individual case, particularly the justification for the application. The following are generally required:
- Documents proving citizenship or legal status that qualify the applicant to file an application (passport, national ID card, travel document, citizenship documents)
- Information about minor children, proof of parental lineage, and proof of current parental custody
- Extended registration certificates for the past five years
- Certified copies or certified printouts from the birth, marriage, and civil partnership registries of the applicants and of those affected by a legal extension of the surname (birth certificates and marriage certificates are not sufficient)
- Certificate of Good Conduct (for applicants aged 14 and older)
- Information from the Enforcement Portal (for adult applicants)
- For more information, please visit the Enforcement Portal (link below)
- Information on Previous Name Change Proceedings
- Proof of Income
- Written consent from the legal guardians to involve the relevant youth welfare office in the official investigation (a consent form will be provided if consent is required)
- Medical expert opinions/certificates regarding psychological distress caused by one's name
What fees apply?
The fee for a change of first name under public law ranges from 28 euros to 560 euros; for a change of last name under public law, it ranges from 28 euros to 1,680 euros. The amount of the fee depends on the administrative effort involved and the significance of the name change. If the application is denied, 75% of the fees normally due must be paid. If the application is withdrawn after the substantive review has begun, 50% of the fees normally due must be paid.
Legal basis
Name Change Act:
https://www.gesetze-im-internet.de/nam_ndg/
General Administrative Regulation on the Name Change Act:
https://www.verwaltungsvorschriften-im-internet.de/bsvwvbund_11081980_VII31331317.htm