Determine married name
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 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: instead of the entire name, only one or some of the names that make up the name can be designated as the married 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.
Responsible authority
- if the name is determined at the time of the marriage: the registry office where the marriage takes place.
- If the name change takes place at a later date, you must have the declaration publicly notarised at a notary's office or registry office.
The declaration will only be accepted by the registry office that keeps the marriage register in which the marriage is notarised.
Details
Prerequisite
You are married.
You can also choose 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. After the age of five, declarations of affiliation are required for the extension of the married name to the child's birth name. 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 when 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.
Procedure
When you get married, you declare to the registry office which name you and your spouse wish to use in future.
The subsequent determination of a married name must be declared personally by both spouses. You must have this declaration publicly notarised or authenticated at the registry office or by a notary. If necessary, the registry office will forward your declaration to the registry office responsible for receiving it. The registry office at which the marriage is notarised is responsible for accepting the declaration.
Foreign marriages also have the option of choosing the name law of their home country.
Deadlines
none
Required documents
- valid identity card or passport
- in the event of a change of name after the marriage: marriage certificate, unless the register is kept at the registry office where the declaration is made
Note: Further documents may be required.
Costs
- for the notarisation of name declarations: EUR 40.00
- Name declarations made at the time of marriage: free of charge
Processing time
usually immediately
Miscellaneous
Reference is made to the information brochure of the Federal Ministry of Justice on naming rights.
Legal basis
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):
- Art. 10 Name
- §41 Erklärungen zur Namensführung von Ehegatten
Verordnung des Innenministeriums zur Durchführung des Personenstandsgesetzes (PStG-DVO):
- §5 Erhebung von Gebühren und Auslagen
Release note
machine generated, based on the German release by: Innenministerium Baden-Württemberg, 08.05.2025
