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Name declaration for minor children
The name of a German child was previously governed by German law, regardless of the entry in foreign birth certificates. On 1 May 2025, the reform of German law regarding married and birth names and of international naming law came into force.
Up until now, the name a German child can take has been governed by German law, regardless of what was written on a foreign birth certificate. On 1 May 2025, the reform of German law regarding married and birth names and of international naming law came into force. This creates new rules and options for both German and binational families.
What name does my child have under German law?
Children born abroad from 1 May 2025 onwards
If a German child is born to parents whose habitual residence is abroad (e.g. in the United Kingdom), as of 1 May 2025 the child’s name at birth will automatically be determined by the law of that country. The surname stated on the foreign (e.g. British) birth certificate in accordance with the law of the country in question will normally also be valid under German law and may be entered on the child’s German passport without any further declaration.
Example: Marie Becker and Lukas Schmidt, who kept their surnames after marriage live in the United Kingdom. Their daughter Lena was born there. The name Lena Becker Schmidt was entered on the British birth certificate in accordance with British law. This name can now be used without any further declaration and the Embassy can issue a German passport for Lena in this name.
There are no longer different rules depending on personal circumstances such as the parents’ civil status at the time of the child’s birth. From 1 May 2025, the surname entered on the foreign birth certificate in accordance with the law of that country is generally valid.
We recommend that you retrospectively register the birth of your child in Germany, even if you are already applying for a passport. Indeed, in some circumstances the child’s German citizenship may depend on the registration.
Detailed information on registering a birth can be found here.
If the parents wish to use a different name, they can specify the child’s birth name in line with the new options available under German law by opting for German law. You can read about the options available with a name declaration below.
Example: Marie Becker and Lukas Schmidt would like their daughter Lena to instead have the surname Becker under German law. In this case, they can opt for German law and declare the child’s name as Lena Becker.
Children born before 1 May 2025
Your child normally bears the surname that appears on the German birth certificate, or on the name certificate issued retrospectively by a German registry office.
Following the changes to German naming law, you now have the option to change your child’s birth surname on a one-off basis. You can read about the options available with a name declaration below.
Does your child already have a German birth certificate or German name certificate with the desired name? In that case you can apply directly for a German passport in that name.
You do not yet have a German identity document (e.g. passport), German birth certificate or name certificate for your child? In that case you may have to file a name declaration before you can apply for a German passport in the desired name. Please read the following information carefully to avoid any problems when applying for a passport:
If you are married and possess a German marriage certificate or name certificate showing a joint married name, your child automatically acquired this name as their birth name. This is also the case if you adopted the joint married name after the birth of your child. A name declaration under German law is not required.
If you declared a married name when marrying outside of Germany, please enquire with us in advance using our Contact form whether it is recognised as a married name under German law. We will then advise you as to whether a name declaration is necessary for your child.
- You are married but have not stipulated a joint married name, but you do possess a German birth certificate or name certificate for a sibling?
If the surname of the father or mother is recorded there as the sibling’s surname, as a rule this choice of surname automatically applies to all other children as well. No (further) name declaration is required.
In such cases, please also submit proof of the name declaration for the sibling (e.g. sibling’s name certificate or German birth certificate) when applying for a passport.
Do you want your child/children to instead take a compound surname consisting of the surnames of both parents or spouses? As of 1 May 2025 you can change your child’s birth surname on a one-off basis, in line with the options available, by means of a birth name declaration. You can read about the options available with a name declaration below.
- You do not currently possess any German documents regarding your child’s surname (e.g. certificate of naturalisation, German birth certificate, sibling’s name certificate)?
Under German law valid until 1 May 2025, your child initially had no birth name, even if you already possessed a foreign (e.g. British) birth certificate showing the desired name. As the Federal Foreign Office understands it, the new law is applicable in this case (see section 1 above). Other German authorities may take a different view. In such cases we advise that it is essential to retrospectively register the birth in order to obtain legal certainty and avoid problems with future passport applications. Detailed information on registering a birth can be found here.
As a rule, a child whose parents are not married to one another at the time of the birth receives the mother’s surname at birth. If this is the desired surname, no name declaration is necessary.
If the parents wish the child to take a different surname, they can change the surname by means of a name declaration. You can find out below what your options are with a name declaration as of 1 May 2025.
Have you already filed name declarations for siblings or does a sibling already possess a German birth certificate or has the mother’s surname changed since the birth? Your child might have automatically acquired this name. Please contact us in advance using our Contact form to find out what surname your child currently has. We will then advise you whether you need to file a name declaration to acquire the desired surname.
I want to change my child’s surname. What are my options with a name declaration?
Options under German law
Under German law, the surname of the mother or the father can be chosen as the child’s birth name. All or part of the surname of one parent can be chosen as the birth name. As of 1 May 2025 you can also opt for a compound surname, either hyphenated or unhyphenated, for your child (maximum of two name components).
Opting for foreign naming law
If one of the parents or the child themselves has another nationality, the naming law of the country whose nationality the parent or child bears can be chosen for the purpose of the child’s name. Choosing this law may enable a German child to acquire a birth name that may not be permissible under German law.
Please provide proof that the desired name is valid under the law of the country in question (e.g. your child’s passport or birth certificate issued by the country whose law you wish to opt for, if you have one). If foreign law is chosen for a name declaration, this choice of name does not extend to other children.
What documents are required?
If you want to start preparing what you need for your application, please first read our information about the process involved here.
Instead of filing a name declaration you can also have the birth recorded in the register of births at the competent registry office in Germany and apply for a German birth certificate. The application form to register the birth includes the name declaration.
If you only want to file a name declaration for your child, the following documents are required:
- Cover letter
- Name declaration form for each child fully and legibly filled in - please write normally (not block capitals) and do not sign the form yet. On page 2 of the form, you may only enter the desired name!
- Valid passports or ID cards of both parents (the ID page of the passports is all that is needed) and for Germans who do not also possess British citizenship, proof of residential status in the United Kingdom
- Proof of the child’s German citizenship, e.g. German identity document of the child or of a parent (parent’s German passport or identity card valid at the time of the child’s birth), certificate of naturalisation or certificate of nationality of the child/ one parent
Note: If you do not have proof of this kind, before you apply to file a name declaration please contact our citizenship team using the contact form: Citizenship - Child’s German or foreign passport, if he or she already has one
- Birth certificates of both parents
- Child’s birth certificate – in the case of a British certificate it is the long version that is needed, which also includes the names of the parents
- If you choose foreign law (see no. 3 above), proof that the child bears the desired name under foreign law (e.g. birth certificate or passport issued by the country in question)
- Marriage certificate if the parents are married
- Decree absolute if a parent is divorced, if need be with proof the divorce is recognised under German law. Please see the guidance on the recognition of foreign divorces on the following page: Marriage-related matters
- Translations of all foreign-language documents (not usually required in the case of international multilingual or English-language birth and marriage certificates)
- Proof of residence in the United Kingdom (e.g. council tax bill or utility bill)
- Certificate of deregistration from Germany or an up-to-date registration certificate from your (last) German place of residence, if applicable
- Birth certificates of any other joint children – in the case of British certificates it is the long version that is needed, which also includes the names of the parents
- Name certificates or German birth certificates of siblings, if applicable
How do I submit my application?
PLAIN COPIES (not the originals!) of the documents listed must be sent BY POST to the Embassy in London or the Consulate General in Edinburgh before you book an appointment. Click here for details of what the process involves.
The originals of the documents listed above only need to be presented at your appointment.
Additional documents may be required, depending on the case, and the registry office may ask you for them after you have submitted your application. In particular, you may be asked for German translations of documents (including English-language ones). In addition, apostilles are increasingly being required on foreign documents. Click here for information on applying for apostilles on British documents.
You can find further guidance on name declarations (processing time, fees) here.
