Name change
In principle, the law of the country to which a person belongs (home country law) is decisive for changing their surname and first name under public law. Authorities within the scope of the Act on the Change of Surnames and First Names (NamÄndG) may therefore only change the surname and first name of a German. Who is German is determined in accordance with Article 116 Para. 1 of the Basic Law for the Federal Republic of Germany.
Authorities within the scope of the aforementioned law may also use the surname and first name
a) a stateless person with residence or habitual abode,
b) a stateless foreigner with habitual abode, or
c) a foreign refugee or person entitled to asylum, or
d) a quota refugee
change in Germany.
In all other cases, the name (surname or first name) of foreign nationals can only be changed under public law by the authorities of their home country.
Foreign authorities or courts cannot change the name of a German with effect for the area of application of the Name Change Act. This also applies if the German is domiciled or habitually resident in the country concerned. Nevertheless, name changes that are ordered are not recognised in German law as long as the person concerned is German.
By way of derogation, however, authorities in a contracting state to the Convention of 4 September 1958 on the Change of Surnames and First Names may change the name of a German if the person concerned is also a national of the state whose authority is changing the name. This Convention currently applies between the Federal Republic of Germany and France, Italy, the Netherlands, Austria, Spain and Turkey.
The application for a change of surname or first name must be submitted in writing to the relevant registry office using the appropriate form (AllgZustVO-KomLSA § 1 Para. 1 No. 15 Letter A in conjunction with § 2 No. 7 ). The registry office in whose district the applicant has or last had their domicile or habitual residence has local jurisdiction.
The name (surname or first name) will only be changed upon request and only in the form requested. For a person with limited legal capacity or legal incapacity, the application must be submitted by the legal representative; a guardian or carer requires the authorisation of the guardianship court. If the person with limited legal capacity has reached the age of 16, the guardianship court shall hear the application. This hearing is organised ex officio.
Name law is comprehensively and - in principle - conclusively regulated by the relevant provisions of civil law. The change of name under public law serves to eliminate inconveniences in individual cases. It has an expressly exceptional character. Accordingly, priority must be given to examining whether the desired goal cannot be achieved by means of a name-changing declaration under civil law or an order of the guardianship court.
If the name of a German national has been changed to a foreign language form abroad, the original name can be restored for the person concerned and their descendants by means of a name change. First, it must be checked whether the foreign name change has actually taken effect within the scope of the law. If this is not the case, no name change is necessary; the original name can be announced in accordance with civil status law (e.g. by creating a family register). Your case worker will be happy
to provide you with further details.
Change and establishment of surnames
A family name may only be changed if there is an important reason justifying the name change.
An important reason exists if the applicant's legitimate interest in changing their name outweighs the legitimate interests of other parties involved and the principles of name usage expressed in the legal provisions, which also include the social function of the name and the public interest in retaining the traditional name.
Since the family name is not generally at the free disposal of the bearer of the name, a name change is not possible if it is justified solely on the grounds that the bearer of the name does not like the existing name or that another name sounds better or has a stronger effect on third parties. Because the family name is an important identifying feature, there is a public interest in retaining the traditional name. The application should only be granted if there are no concerns about changing the family name from the point of view of future identification. The choice of the new family name is initially up to the applicant. However, there is no entitlement to a specific family name.The new surname must be suitable for use as a family name. It should not harbour the seeds of new difficulties, e.g. it should not be a collective name. An invented name can only be granted as a family name if its sound and spelling make it suitable for use as a family name for the family members. Names that could lead to difficulties in everyday use due to their length, e.g. abbreviations, should also be avoided. The new family name must not give a false impression of family connections. Consideration must be given to the presumed feelings and interests of other bearers of the desired surname, even if they have no legal claim that the circle of bearers of this name will not be extended by a name change. A surname that has already acquired significance through previous bearers, e.g. in the historical, literary or political field, should generally not be granted. For example, a spouse's maiden name that has not become a married name or the surname of an ancestor may be granted as a new surname. In addition, the creation of a new surname reminiscent of the previous name may be considered, particularly when changing a foreign-language name.
In the case of changes to eliminate difficulties in the spelling or pronunciation of a surname, it is generally sufficient to change the spelling of the name. In the case of a change of surname to eliminate the risk of confusion or in the case of a collective name, a distinguishing suffix may also be added to the previous surname.
Change of first names
First names may only be changed if there is an important reason justifying the change.
When applying for a change of first name, the provisions applicable to changes of surname shall apply, with the proviso that the public interest in retaining the previous first name is considered to be less important.
First names of children older than one year and younger than sixteen years of age may only be changed for serious reasons in the best interests of the child.
Upon pronouncing the adoption of a child, the guardianship court may change the first name of a child if this is necessary for serious reasons in the best interests of the child (Section 1757 (2) of the Civil Code).
If the guardianship court has denied the existence of serious reasons and therefore refused to change the first names, a change of first names under the Name Change Act for reasons related to the adoption of the child is also out of the question. Offensive names or names that are not
first names by their nature may not be chosen as new first names. Surnames may not be chosen as first names, unless there are exceptions according to local tradition. Several first names may be combined into one first name; likewise, the use of a common short form of a first name as an independent first name is permissible. Only male first names are permitted for persons of the male sex and only female first names for persons of the female sex. Only the first name "Maria" may be given to persons of the male sex in addition to one or more male first names.
The spelling of first names is governed by the general rules of spelling, unless a different spelling is requested despite instruction to the contrary.Fees, duration of proceedings
The name change procedure is subject to a fee. The administrative fee ranges from EUR 2.50 to EUR 1,022.00 for a change of surname and from EUR 2.50 to EUR 255.00 for a change of first name. If the application is rejected or withdrawn, 1/10 to 1/2 of the usual administrative fee is generally charged. It should be noted that due to the involvement of various authorities in the procedure, the average processing time can be more than 3 months; however, depending on the individual case, a considerably longer processing time can also be expected.
Documents
You can obtain an overview of the personal documents to be provided from your local registry office.