German Law Governing the Use of Names

German nationals are subject to German law with respect to the use of a name. The possible names which may be used under German law may deviate from those entered in American vital records or identification documents.

Use of a Name in a Marriage

From the German perspective, each spouse is subject to the law of his/her native country with respect to the use of a name (Art. 10 (1) Introductory Act to the German Civil Code).

This means that the German spouse is subject solely to German law with respect to the use of his/her name. The name he/she uses does not change if no application for name change is submitted upon or after marriage. If a common family name (married name) has been selected, this name will extend to common children who have not yet reached five years of age. No deadline applies in this case.

Further information about changing a family name

Form for a Name Declaration in a Marriage [pdf, 16.77k]

Child’s Use of a Name

From the German perspective, the child is also subject to the law of its native country with respect to the use of a name. If the parents of a German child use a common family name, the child automatically receives the family name of the parents as its last name. If the parents of a German child do not use a common family name, a family name must be selected for the child (see also: birth of a child).

Further information about the family name of a child

Form for the statement on the child’s use of a name [pdf, 92.36k]

Application form for a birth certificate [pdf, 174.76k]

Use of a Name after Dissolution of a Marriage through Divorce or Death of a Spouse

The dissolution of a marriage through divorce or death of the spouse does not cause a name change. If you wish to revert to your former family name (birth name or former married name if it had been used at the time the statement on the use of a name was submitted), a separate application to this effect must be submitted.

Further Information about Use of a Name after Dissolution of a Marriage

Recognition of Divorce and Factsheet

Unilateral Statement for the Use of a Name in a Marriage [pdf, 12.32k]

Determining the Name of Children Who Are of Age

If as the adult child of at least one German parent, you are applying for a German passport for the first time and your parents did not have a common married name at the time of your birth, you must submit a statement on the use of a name.

Further Information about Determining the Name of Children who are of Age

Determining the Name of a Child Who is of Age [pdf, 118.98k]

You will find additional regional information on the website of the German mission in the United States that is responsible for your district (currently not available for all German foreign missions). To find out which mission is responsible for your district, please use our consulate finder.

Consulate Finder

Please Note: Although the information on this website has been prepared with utmost care, we can not accept any responsibility for inaccuracies contained herein.