Name Declaration for a Child: Determining the Birth Name

Standesamt (registry office) · Civil status · New naming law since 1 May 2025

In person

The name declaration (Namenserklärung) is the declaration made to the Standesamt (registry office) stating which birth name a child is to bear. It is required whenever the parents do not share a married name – that is, for unmarried parents as well as for married couples who chose not to adopt a common married name when they married. § 1617 BGB applies where the parents have joint parental custody, and § 1617a BGB applies where only one parent has custody; the recording by the Standesamt is governed by § 44 PStG.

Important: German naming law was fundamentally reformed with effect from 1 May 2025. Since then, parents have for the first time been able to give their child a genuine compound surname made up of both parents' family names, joined by a hyphen (§ 1617 (1) BGB). The previous legal position, under which a child could bear only the family name of one parent, no longer applies. Such a compound surname is also possible where only one parent has custody, under § 1617a (2) BGB.

Equally new is the statutory default rule in § 1617 (4) BGB: if parents with joint custody fail to make a determination within one month, the child is given, by operation of law, a compound surname made up of both parents' family names – listed in alphabetical order and joined by a hyphen. The previously common claim that the child then automatically takes the mother's name is outdated. The fee for the recording is set by the local authority and, in practice, ranges between €25 and €47.

Last updated25 August 2026

Legal basis§ 1617, § 1617a BGB · § 44 PStG

VerificationChecked against gesetze-im-internet.de

Written and reviewed byAndrés Sánchez Botta

Independent information website: we are not the Standesamt, not an authority, and not a paid advisory service — we do not submit applications on your behalf. All information is drawn from official sources and explained here in plain terms; the competent body is always the final authority. Fees and procedural details are set locally and may vary by federal state and Standesamt. All information is provided without guarantee and does not constitute legal advice. We are neither solicitors nor tax advisers: we document official procedures and check the information against the official source — this is information, not legal or tax advice.

Required documents

Valid identity documents of both parents (original)

Each declaring parent must present a valid identity card (Personalausweis) or passport in the original. The Standesamt must establish identity beyond doubt, because the determination of the name is a highly personal declaration with lifelong effect for the child. Expired documents, copies, or photos on a smartphone are not accepted – the appointment then ends without the recording taking place. Anyone who does not hold a German identity document should bring their national passport together with their residence title.

The child's birth certificate (Geburtsurkunde) or a certified register extract

If the declaration is made only after the birth has been recorded, the Standesamt requires the birth certificate or a certified extract from the register of births (Geburtenregister). If, on the other hand, the declaration is made before the birth or directly when the birth is reported, this document is not needed, because the Standesamt creates the register entry itself anyway. The fee for a birth certificate is set locally: in Berlin it costs €12.00, in Münster €15 for the first copy and €9 for each further copy issued in the same transaction.

Marriage certificate (Eheurkunde) or the parents' own birth certificates

The Standesamt must check which family name each parent currently bears and how that name came about. Married parents without a common married name provide the marriage certificate for this purpose, unmarried parents their own birth certificates. This evidence is particularly important if a parent already bears a family name made up of several names, since § 1617 (2) BGB restricts the choice available in that case.

Acknowledgement of paternity (for unmarried parents)

Where parents are not married to each other, the father is only legally recognised as the father once paternity has been validly acknowledged or established by a court. Without this evidence, his family name cannot be determined for the child, either on its own or as part of a compound surname. The recording can be made at the Standesamt, the Jugendamt (youth welfare office), a notary, or the Amtsgericht (local court), and is generally free of charge at the Standesamt and Jugendamt; it can take place even before the birth. Bring the certified copy of the acknowledgement document with you.

Declarations of parental custody (Sorgeerklärung) or a negative certificate from the Jugendamt

Unmarried parents acquire joint parental custody only through matching declarations of parental custody under § 1626a BGB, recorded at the Jugendamt or before a notary. Whether joint custody exists determines whether § 1617 BGB (both parents decide) or § 1617a BGB (sole custody) applies – and therefore the entire process. Present the certificate in the original or as a certified copy; conversely, a negative certificate from the custody register proves the mother's sole custody.

Publicly certified declaration where made later

Under § 1617 (3) BGB, a determination of the name made only after the birth has been recorded must be publicly certified. In practice, the Standesamt carries out the certification itself at the appointment, so no additional document is required. If one parent is unable to attend, they can have their declaration certified in advance at another Standesamt, before a notary, or – abroad – at a German mission abroad (Auslandsvertretung), and send the document in.

Evidence where there is a foreign connection

If a parent holds a foreign nationality, the Standesamt first checks under Art. 10 EGBGB which naming law applies and whether a choice of law in favour of German law must be declared. For this, a passport, residence title and, where applicable, foreign civil status documents with a certified translation and an apostille or legalisation must be presented. Be sure to clarify this point with the Standesamt by phone beforehand – a foreign connection is the most common cause of delays of several weeks.

Consent of the child from the age of five

If the family name of a child who is already older is to be changed subsequently – for example through the conferral of a name (Einbenennung) under § 1617a (2) BGB, or in a new determination under the transitional rule – the child must consent personally once they have reached the age of five. This consent must be publicly certified. A child under 14 is represented in this by their legal representative; older children declare the consent themselves, but still require the agreement of their legal representative.

Step by step

Check whether a name declaration is needed at all

If the parents share a married name, it automatically becomes the child's birth name under § 1616 BGB – a declaration is then entirely unnecessary. A name declaration is required only if the parents do not have a married name: for unmarried couples just as for married couples who kept their previous names when they married. Check this point first, before booking an appointment; it takes you two minutes and may save you an entire official procedure.

Establish the custody situation

Which provision applies and who may make the declaration depends on the custody arrangement. Where there is joint parental custody, § 1617 BGB applies: both parents determine the birth name together. Where there is sole custody, § 1617a BGB applies, with a completely different process. Unmarried parents establish joint custody through matching declarations of parental custody at the Jugendamt or before a notary; without these declarations, the mother alone has parental custody. The declarations of custody can already be made before the birth – it is best to deal with both in the same appointment.

Choose the name option – three options since May 2025

Under § 1617 (1) BGB, parents with joint custody have three options: the mother's family name, the father's family name, or a compound surname made up of both parents' family names, joined by a hyphen (for example Müller-Schmidt). The parents fix the order of the two names in the declaration. If a parent's name already consists of several names, the parents may, under § 1617 (2) BGB, select only one name from each parent for the compound surname – newly formed name chains of three or more elements are excluded. Discuss the choice calmly beforehand: under § 1617 (5) BGB, it also binds any further children the parents have together.

Keep track of the one-month deadline

§ 1617 (4) BGB sets parents with joint custody a time limit of one month. If they make no determination within this period, the child receives, by operation of law, a compound surname made up of both parents' family names, listed alphabetically and joined by a hyphen. The child is therefore never left without a name – but the name may not match the order you wanted. If the parents cannot agree, either parent can apply to the family court (Familiengericht) to have the right to determine the name transferred to one of them; the court then sets its own deadline for the parent to whom the right is transferred.

Arrange an appointment with the competent Standesamt

As a rule, the competent office is the Standesamt that recorded the child's birth (the birth registry office) or the Standesamt at a parent's place of residence. Many Standesämter will also accept the declaration even if they do not keep the register themselves, and forward it to the office responsible. Appointments are booked through the local authority's administrative portal, by phone, or by email; in large cities you should allow two to four weeks' lead time. When booking, state explicitly that it concerns a name declaration under § 1617 BGB, so that the Standesamt allows enough time and assigns the right caseworker.

Make the declaration in person and have it recorded

Where there is joint custody, both parents make the declaration; the Standesamt reads it out, has it signed, and records it under § 44 PStG. If one parent is unable to attend, they can have their declaration publicly certified in advance and send it in – the other parent's declaration is then made at the appointment. If the declaration is made only after the birth has been recorded, public certification under § 1617 (3) BGB is mandatory; without it, the declaration is not formally valid. Expect the appointment to take around 20 to 30 minutes. The declaration is binding and cannot simply be withdrawn.

Collect the birth certificate and inform other bodies

The Standesamt enters the determined birth name in the register of births (Geburtenregister). If the declaration was made before or when the birth was reported, the name appears directly on the first birth certificate. If the declaration is made later, the register entry is updated and a new birth certificate is issued; certificates already issued showing the old name can then no longer be used. Afterwards, inform the health insurance fund (Krankenkasse), the Familienkasse (Family Benefits Office), which pays Kindergeld (child benefit), the Kita (child daycare centre), the childminder, and – where applicable – the passport authority, so that all documents show the same name.

Fees & costs

Service	Amount
Name declaration (recording) – nationwide range	€25–47
Example: Berlin	€25.00
Example: Munich	€30.00 (several declarations in one recording: €60.00)
Example: Potsdam	€47.00
Birth certificate – example: Berlin	€12.00
Birth certificate – example: Münster	€15.00 (each further copy €9.00)
Acknowledgement of paternity at the Standesamt or Jugendamt	Usually no fee
Declaration of parental custody at the Jugendamt	Usually no fee
Public certification by a notary	Depends on the competent body (under the GNotKG)

Why the fees vary so much: The name declaration is a local-authority service. The federal government and the federal states set the general framework, but each local authority fixes the actual fee in its own fee ordinance or administrative fee by-law. That is why the range runs from €25.00 in Berlin to €47.00 in Potsdam – for an identical service. Check your Standesamt's fee on your local authority's administrative portal before the appointment; the by-law published there is always the binding one.

Means of payment: Many Standesämter settle the fee directly at the appointment. Accepted means of payment vary considerably: some offices accept only EC cards, others only cash, and others send a fee notice with a transfer deadline. Ask when booking the appointment – if you do not have the right means of payment with you, the document may only be handed over once payment has been received.

What else may be charged: If the declaration is made only after the birth has been recorded, you will usually need a new birth certificate showing the changed name – factor this fee in as well. Where there is a foreign connection, costs are added for certified translations and for an apostille or legalisation; their amount depends on the issuing body in the country of origin and cannot be stated as a flat figure. If a parent's declaration is certified by a notary, the fee is governed by the Court and Notary Fees Act (Gerichts- und Notarkostengesetz, GNotKG).

Important notes

Reform of 1 May 2025 – compound surnames are now permitted. Until 30 April 2025, a child could bear only the family name of one parent. Since 1 May 2025, § 1617 (1) BGB expressly also provides for "a compound surname formed from the family names of both parents", joined by a hyphen. If anyone tells you otherwise – including in older guides or information sheets – they are relying on the outdated legal position.

Know the default rule in § 1617 (4) BGB. If parents with joint custody fail to make a determination within one month, the child receives the compound surname from both family names by operation of law – listed alphabetically and joined by a hyphen. The mother's name is therefore no longer taken automatically. If no agreement is reached, either parent can apply to the family court to have the right to determine the name transferred to one parent.

No name chains. A newly formed compound surname may consist of only two individual names. If a parent already bears a name made up of several elements, the parents may, under § 1617 (2) BGB, select only one name from each parent for the compound surname. This prevents names from building up into ever longer chains across generations.

Form after the birth has been recorded. If the declaration is made only after the birth has already been recorded, § 1617 (3) BGB requires public certification. The Standesamt usually carries this out itself at the appointment. Without certification, the declaration is not formally valid and has no effect – a point often overlooked for declarations made from abroad.

Binding effect for all further children. Under § 1617 (5) BGB, the birth name that has been determined also extends to all further children the same parents have together. Siblings must therefore bear the same birth name; a different choice for a second child is not possible. This rule applies regardless of whether the parents have since separated.

Sole custody: § 1617a BGB instead of § 1617 BGB. If only one parent has parental custody, the child automatically receives, under § 1617a (1) BGB, the family name that parent bears at the time of the birth – no name declaration is needed for this. However, the parent with custody can later, under § 1617a (2) BGB, give the child the other parent's name or a compound surname formed from both family names.

Consents for giving the name under § 1617a (2) BGB. Giving the child the other parent's name or a compound surname requires the consent of the parent who does not have custody. In addition, the child must consent once they have reached the age of five. Both declarations of consent must be publicly certified.

Transitional rule for children born before 1 May 2025. If the birth name was determined before the reform came into force, a subsequent new determination as a compound surname from both parents' family names is possible – the federal state of Berlin expressly confirms this retrospective option. The declaration is made at the Standesamt and must be publicly certified; once the child has reached the age of five, they must consent. Ask the competent Standesamt about the specific requirements and time limits.

Make the declaration before the birth. You can declare the determination of the name at the Standesamt even before the birth – together with the acknowledgement of paternity and the declaration of parental custody, in a single appointment. The name then appears directly on the first birth certificate, and a later correction and a second certificate fee are avoided. This is by far the least stressful route.

First names are not covered by the name declaration. The name declaration concerns only the family name or birth name. The holders of custody determine the first names when the birth is reported; a later change of first names is governed by different provisions. Do not confuse the name declaration, therefore, with a change of name under public law.

Clarify a foreign connection early. If a parent is a foreign national, Art. 10 EGBGB determines which naming law applies; in some cases an express choice of law in favour of German law is required. Some countries of origin do not recognise German compound surnames, which can later cause problems with passports and civil status documents. Raise this specifically with the Standesamt before committing to a choice.

Common mistakes

Relying on outdated information about compound surnames

Countless information sheets, forums and guides still claim that a child in Germany may not bear a compound surname. Consequence: parents needlessly forgo an option expressly provided for by law and commit to a name they did not actually want. Since the declaration is binding, this can later be corrected only under narrow conditions. Check the wording of § 1617 BGB in the version in force since 1 May 2025 yourself.

Letting the one-month deadline lapse

Many parents put off the decision into the first hectic weeks after the birth. Consequence: once a month has passed, the child automatically receives, under § 1617 (4) BGB, the alphabetically formed compound surname from both family names – not the mother's name, as is often assumed. Anyone who wanted a different order or only one name must apply to the family court; that costs time, nerves and, potentially, court fees.

Only one parent appears at the appointment

Where there is joint parental custody, the right to determine the name belongs to both parents jointly. Consequence: the Standesamt cannot record the declaration, the appointment is wasted, and a new one must be booked – in large cities, again with a wait of several weeks, while the one-month time limit continues to run. If one parent is unable to attend, have their declaration publicly certified in advance.

Declaration made after the recording of the birth without public certification

If the determination of the name is made only after the birth has been recorded, § 1617 (3) BGB mandatorily requires public certification. Consequence: a declaration submitted informally, or merely signed and sent in, is not valid and will be rejected by the Standesamt. The name then remains as it arose without a valid determination – and the time limit expires in the meantime.

Trying to form a name chain of three names

If one parent already bears a name made up of several elements, some parents try to carry all its components over into the child's name. Consequence: the Standesamt rejects the declaration, because § 1617 (2) BGB allows only one name from each parent for the compound surname. The appointment is then wasted and must be repeated with a permissible name option.

Choosing the father's name without paternity having been acknowledged

For unmarried parents, the father is only legally the father once paternity has been validly acknowledged or established by a court. Consequence: without this evidence, his family name cannot be determined, either on its own or as part of a compound surname; the Standesamt refuses the recording. It is therefore best to deal with the acknowledgement of paternity before the birth.

Assuming the choice only applies to the first child

Some parents assume they can determine a different name for a second child. Consequence: under § 1617 (5) BGB, the birth name that has been determined necessarily extends to all further children the parents have together. An application for a different name for a sibling is refused – the decision therefore affects the whole family.

Continuing to use old birth certificates

After a subsequent determination of the name, the register entry is updated and a new birth certificate is issued. Consequence: certificates showing the old name no longer reflect the current entry; applications to the health insurance fund, Familienkasse, Kita, or passport authority will be rejected if you use them. Apply, in the same appointment, for as many up-to-date copies as you are likely to need – in many local authorities, further copies ordered at the same time are cheaper than separate applications made later.

Frequently asked questions

When is a name declaration actually necessary?

A name declaration is required if the parents do not share a married name. This applies to unmarried parents as well as to married couples who chose not to adopt a common married name when they married and kept their previous names. If, on the other hand, the parents do have a married name, the child receives it automatically under § 1616 BGB, without any declaration being necessary.

Can my child be given a compound surname since 2025?

Yes. Since 1 May 2025, § 1617 (1) BGB expressly permits a compound surname made up of both parents' family names, joined by a hyphen. The previous legal position, under which a child could bear only the name of one parent, no longer applies. Such a compound surname is also possible where there is sole custody, under § 1617a (2) BGB, if the other parent consents.

What happens if we do not agree within one month?

If parents with joint custody fail to make a determination within one month, the child receives, by operation of law under § 1617 (4) BGB, a compound surname made up of both parents' family names, listed alphabetically and joined by a hyphen. The previously common claim that the child then automatically takes the mother's name has been incorrect since 1 May 2025. On the application of either parent, the family court can transfer the right to determine the name to one parent.

What name does the child get where there is sole custody?

If only one parent has parental custody, the child receives, under § 1617a (1) BGB, the family name that parent bears at the time of birth. The parent with custody can later, under § 1617a (2) BGB, also give the child the other parent's name or a compound surname formed from both family names. This requires the consent of the other parent, and once the child has reached the age of five, they must also consent personally.

Can we change the name of a child born before May 2025 retrospectively?

Yes, the reform act provides for a transitional rule: for children whose birth name was determined before 1 May 2025, a subsequent new determination as a compound surname from both parents' family names is possible. This declaration is also made at the Standesamt and must be publicly certified. Once the child has reached the age of five, their consent is required; ask the competent Standesamt in advance about the exact requirements.

Must both parents attend in person?

Where there is joint parental custody, both parents must, as a rule, make the declaration, because the right to determine the name belongs to both of them. If one parent is unable to attend, they can have their declaration publicly certified in advance at another Standesamt, before a notary, or at a German mission abroad, and send it in. A declaration made after the birth has been recorded requires public certification under § 1617 (3) BGB in any event.

What does the name declaration cost?

The fee is set locally and, in practice, ranges between €25 and €47. Berlin charges €25.00, Munich €30, or €60 for several declarations in one recording, and Potsdam €47.00. Where applicable, the fee for a new birth certificate is added on top, which likewise varies by local authority.

Does the determined name also apply to further children?

Yes. Under § 1617 (5) BGB, the birth name determined by the parents also extends to any further children they have together. Siblings from the same parental relationship must therefore bear the same birth name; a different determination for a second child is not possible. Consider your choice carefully, therefore, as it affects the whole family.