Last Name of the Child
The child of married parents automatically receives their common last name as its name at birth. In such a case it is not necessary to choose a name. If the parents do not use a common married name but instead have different last names, they must choose a last name for their child prior to the first issuance of a German child’s passport, or regular passport, or a German birth certificate. It is also necessary to make the selection of the last name even if the American birth certificate already contains the desired last name. If the mother or the father of the child has something other than German citizenship (e.g. U.S. citizenship), both parents must first determine the controlling legal system, e.g. German or American law.
According to which legal system is the child’s last name determined; what options do we have in choosing the name?
1. German law:
If both parents have German citizenship exclusively, the German legal system is automatically controlling the choice of the child’s last name. The parents may choose the last name of the mother or the last name of the father as the child’s name at birth. The name choice automatically applies to all further children.
2. Foreign law:
If one parent, for example, has U.S. citizenship, the parents may choose the German or the American legal system as the basis for choosing the child’s name at birth. Choose German law if you would like to choose either the father’s last name or the mother’s last name as the child’s name at birth. If you choose foreign law, you will be subject to that law and may use only the options possible within that system – to the extent available. If your spouse has U.S. citizenship and you choose U.S. law, you may, for example, also choose a hyphenated name – consisting of both last names of the parents – for your child. The name choice does not automatically extend to further children.
What is the procedure for choosing the last name for our child?
If it is necessary to choose a name, you may determine your child’s last name when reporting the child’s birth (in the middle of the third page of the form) or, if you do not wish to apply for a German birth certificate, in a separate application for the use of a name. In both cases, we recommend that both parents personally visit the responsible German foreign mission. Please carefully complete the application form (please write legibly). The German foreign mission responsible for you may then certify your and the other parents' signature.The fee for the certification of the signature is 20 Euro and it is payable either in cash (equivalent in US-$ according to the daily exchange rate) or by internationally accepted credit card (card will be charged in Euro, additional charges by the credit card company may apply).
- Please do not use capital letters only when you complete the form
Please return the application form with the following documents to your responsible German foreign mission:
- certified copy of your passport and the passport of your spouse (alternatively, his/her American birth certificate);
- certified copy of your marriage certificate (the registry office I in Berlin needs the marriage certificate issued by the country recorder);
- certified copy of the birth certificate of your child. If the place of birth has been mentioned as a county only, please add a “letter proof of birth” issued by the hospital
The documents will then be forwarded by the foreign mission to the German registry office in Berlin, responsible for German citizens residing abroad. You will receive a certificate of the use of the name of your child from that office after about 2-3 weeks.
To find out which German foreign mission is responsible for you, please use our consulate finder
