Right to a name
Which first name and surname should it be?
When a child is born, the parents have to decide on the first name and surname of their offspring. They have several options. Even when getting married, it is important to think about the surname(s) in good time. After all, you may carry your name throughout your life. We will show you the options below.
German naming law offers various options
The question of a surname comes up at the latest when a wedding is imminent or a child is born. German naming law lays down rules for this: In 2025, there were a few changes here, making the choice of name more flexible and allowing more options - even for unmarried couples. The registry offices can provide information on choosing a name. The registry offices are also responsible for notarizing declarations on the names of spouses and civil partners or the names of children.
What name options do couples have when getting married?
You can choose your married name at the civil marriage ceremony. The married name is then listed directly on the marriage certificate. If you do not decide on a joint married name, each partner keeps their previous surname.
You have the following naming options when you get married:
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Choice of a common family name
The couple decide on a surname and one of the partners takes the surname of the other. Around three quarters of all German spouses traditionally bear the man's surname. But that doesn't have to be the case. It can also be the wife's name.
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Double name as a common family name
Since 2025, a compound double name is also possible for both spouses. You can determine the order of the names yourself and also whether they are hyphenated or not. This also applies to married couples who already have a joint married name: they can decide on a double name at a later date.
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Retain maiden name
Married couples can also both keep their previous birth names when they get married. If you would like to have a joint surname at some point, you can still choose a married name.
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Birth name as an accompanying name
It is also possible for only one of the two spouses to keep their maiden name as a so-called companion name, i.e. to have a double name. You can both prefix and suffix your maiden name with a hyphen.
Example: He is called Jan Müller, she is called Ella Schmidt. If they would like to have a joint surname, they now have the choice of agreeing on one of the two surnames or having a compound double name: Müller-Schmidt or Schmidt-Müller. The hyphen can also be omitted.
A double name may, however, consist of a maximum of two single names. So if Jan Müller-Bäcker and Ella Schmidt get married and want to have a compound double name, they must choose one of Jan's two surnames. This rule prevents long chains of names from being created. What is also not permitted: If both have the maiden name Müller, this cannot become Müller-Müller.
What first name will our child have?
You have a wide choice when choosing a first name for your child. There are only a few restrictions to consider:
- The first name must not be contrary to the child's best interests, offensive or ridiculous.
- The first name must be recognizable as a name.
- The first name must not be a place name or family name.
- In general, up to five first names are considered acceptable.
And who gets to decide on the first name?
Parents who have joint custody jointly decide on the child's name. If only one parent has custody, that parent may decide alone.
Which surname will our child get?
If the couple is married and have a joint married name, a newborn child automatically receives the parents' married name as their surname or family name. So: If both parents are called Schmidt, the child will also be called Schmidt. However, if at least one parent is called Schmidt-Müller, the child can also be given the double name.
If a married couple have different surnames, the parents - if they have joint custody - must decide by mutual agreement what the child's surname should be. The child can have the mother's or father's surname, but also the combined double name of both surnames. Important: This surname is then given to all other children. What is not possible, for example, is to name one child Schmidt and the other Müller. If you already have children who were born before May 1, 2025, a double name can also be determined for them retrospectively.
By the way: Parents can keep their single name, even if the child gets the double name from the surnames of both parents.
Example: The mother is called Ina Kramer, the father Tim Koch, then the child can have the surname Kramer-Koch or Koch-Kramer, while nothing changes for the parents.
If the parents are unmarried, the following rules apply:
- If the mother has sole custody at the time of birth, the child automatically gets the mother's surname.
- If the unmarried parents make a joint declaration of custody before the birth of the child, the parents can either choose the mother's or father's surname for the child or give their child a compound double name.
- Since May 1, 2025, the following also applies: If parents only make a joint custody declaration after the birth, there is no time limit for changing the child's surname.
- In addition, the parent with sole custody also has the option of giving the child the other parent's surname or a double name made up of the surnames of both parents with the consent of the other parent.
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Note:
Two custodial parents have one month after the birth to decide on the future surname. In the event that the parents do not make a choice regarding the child's surname within this month, the child will be given a double name made up of the names of both parents in alphabetical order. If the name of one parent already consists of several names, the alphabetically preceding name is used to form the double name.
Frequently asked questions about naming rights
Where can we find help and advice?
If you have any questions about the options for determining a surname, you can contact the relevant registry office in your town or city directly.
Further information Links to read more
