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New naming law as of 1 May 2025

Father, mother and two small children at the breakfast table

Mixed nationality family, © Colourbox

10.04.2025 - Article

The changes to German naming law for married and birth names and to private international law as of 1 May 2025 are outlined below.

On 1 May 2025, the reform of German law regarding married and birth names and of international naming law will come into force. This will provide both German and binational families with new options. The current regulations will remain in force for marriages and births before 1 May 2025.

Changes to German law on names

As of 1 May 2025, it will be possible under German law to take a compound surname made up of the surnames of both spouses or parents, both as the married surname and as the surname at birth of children. However, the surname may not consist of more than two parts. The compound surname may be written either with or without a hyphen.

  • Example: The German nationals Lisa Becker and Lukas Schmidt marry in Germany on 1 May 2025. Unlike before, they can now opt for a combination of both surnames as their married name (e.g. Becker-Schmidt). As in the past, any children born to them in wedlock are automatically given this married name.

On the website of the Federal Ministry of Justice you will find a FAQ with detailed information on the new options under German naming law (only available in German).

Important information for Germans abroad: Change to private international law

The change to private international law is important for all Germans habitually resident abroad. While to date an individual’s surname has been determined by the law of the country of which they are a national, in future a person’s name will be determined by the law of the state in which they have their habitual residence. However, any surname which the person has already acquired will not change. If Germans habitually resident abroad marry on or after 1 May 2025, the surname they bear in the marriage will be determined by the law of the country where they reside. However, they can opt for German naming law by submitting a declaration stating their law of choice (Rechtswahlerklärung) to a German registry office.

  • Example: Lisa Becker and Marek Kowalski live and marry in Poland. Lisa chose the surname Becker-Kowalska in the Polish registry office. This surname was previously only possible under German law if the spouses had expressly declared that they had chosen Polish law. For example, before a new passport under the name Lisa Becker-Kowalska could be issued, a declaration on the use of a name had to be submitted. With the change to private international law, this is no longer necessary and the married name is automatically valid in Germany.
  • Example: Claudia Schulze and Pedro González Vicario live and marry in Spain. The marriage certificate continues to contain the previous names of the two spouses. They can now choose German law by submitting a declaration and determine their married name. In addition to the current options, after the change to German naming law they can also opt for a joint compound surname (e.g. Schulze-González or Vicario Schulze) as described above. However, it may be that their surname in Germany is different to their surname abroad.

Simplification for children born abroad

If a German child is born to parents with a habitual residence abroad, as of 1 May 2025 the child’s surname at birth will be determined by the law of the parents’ country of residence. The surname stated in the foreign birth certificate in accordance with the law in the country in question is, as a rule, also valid under German law and may be stated in the child’s German passport without any further declaration.

  • Example: Marie Becker and Lukas Schmidt, who kept their surnames on marrying, live in Spain. Their daughter Lena is born there. The name Lena Becker Schmidt was entered on the Spanish birth certificate in accordance with Spanish law. This name can now be used without any further declaration and the embassy or consulate can issue a German passport for Lena under this name.
    If the parents wish to use a different name, they can determine the child’s birth name in line with the new options available under German law by opting for German law.
  • Example: Marie Becker and Lukas Schmidt would like their daughter Lena to have the surname Becker. In this case, they can choose German law and declare that the child should be given the name Lena Becker.

Authentication of declarations

The declarations on the use of a name and choice of law can be authenticated for you by the competent German mission abroad and forwarded to the German registry office.

In many cases, the constellations are more complex than the examples described here. If you have any questions concerning your individual situation, you can contact the mission abroad responsible for you. It is best to use the contact form on the mission’s website.

Link to the law

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