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First names and surnames of children; information on determination

Every child has a surname (family name) and one or more first names. The family name is generally determined in accordance with the law. The parents or legal guardians are also entitled to choose the first name.

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Bayerisches Staatsministerium der Justiz

Bayerisches Staatsministerium der Justiz

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80335 München

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80097 München

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Procedure details

Children born in wedlock receive the married name of their parents as their birth name.

However, it is also possible for each spouse to have kept the name they had before the marriage (i.e. the couple is called "Mrs. Maier" and "Mr. Schmidt"). In this case, the parents with joint custody decide whether the child should be given the maiden name ''Maier'' or ''Schmidt''. A double name may not be formed from the names of both parents. The declaration can be combined with the registration of the birth. However, the parents can also determine the name within one month of the birth by means of a publicly certified declaration to the registry office. A name chosen for the first child also applies to other children (i.e. one child may not be called "Maier" and the next "Schmidt").

If the parents do not decide on a name within one month, the registry office notifies the family court. The court must then transfer the right to determine the name to one of the parents.

If the parents are not married and the mother has parental custody, the child is given her name at the time of birth. However, the mother can also give the child the father's name if the father agrees. The declarations to the registrar required for this must be officially certified.

If the parents, who are not married to each other, already have joint custody at the time of birth because they have made prenatal declarations of custody, the following applies: they can designate both the mother's and the father's name as the child's birth name. The same rules apply here as for married couples without a joint married name.

If the parents' joint custody is only established after the birth - through marriage or declarations of custody - they can change the child's name within three months (the name "Maier" derived from the mother can therefore be changed to "Schmidt").

An important case of a subsequent change to the child's name is the so-called "mononaming". If Mrs. Schmidt divorces Mr. Schmidt and marries Mr. Huber, the mother can give a child from her first marriage who lives with her with the new spouse the married name ''Huber'' (in this case, however, the child can also be given the name ''Schmidt-Huber'' or ''Huber-Schmidt'' if it was previously called "Schmidt", or the name "Maier-Huber" or "Huber-Maier" if it was previously called "Maier"). Of course, the new husband (''stepfather'') must agree to this. The child's consent is also required if it has already reached the age of five. However, the consent of the biological father is also required if he is entitled to joint parental custody with the parent who is renaming the child or if the child has previously used his name. However, the consent of the other parent can be replaced by the family court if the name change is ''necessary for the welfare of the child''. However, the family courts apply strict standards for this.

The right to determine a first name is based on parental custody. Parents have a great deal of leeway here. This is limited where there is a risk of harm to the child's welfare. Arbitrary, offensive or ridiculous first names are not permitted. According to case law, at least three first names are permissible without further ado.

If the registrar refuses to register a first name on one of the aforementioned grounds, the parents can appeal to the district court at the seat of the regional court responsible for the district of the respective registry office. After a legal examination, this court can instruct the registrar to register the desired first name(s).

Status: 05.03.2025
Editorially responsible for prodecure description: Bayerisches Staatsministerium der Justiz
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