Name combination according to US law: Impact on German legal context
The choice of a married name can raise significant legal questions for transnational couples with a German-American background. Especially when the marriage takes place abroad and is subject to foreign naming regulations, the recognition of such name arrangements is regularly subject to review under German law.
Facts: Name meshing in a US-German marriage
The District Court of Frankenthal had to deal with a case in which a German-American couple got married in the United States. As part of the marriage, the spouses decided to choose a family name created by merging (meshing) the names they each had before marriage. This practice of name meshing is possible under certain conditions under US law and is recognized there.
After the marriage, the registration and adoption of this newly formed married name was applied for at the German registry office. The German registry office rejected this. According to the authority, the regulations on married names under German law were decisive, which do not provide for such a form of name creation.
Decision of the District Court of Frankenthal
The District Court of Frankenthal reviewed the registry office’s decision and reached a different assessment. In the court’s view, the arrangement of the married name validly determined abroad is, in principle, to be considered in accordance with the relevant German international private law (Art. 10 para. 2 EGBGB). The court found that creating a name by meshing is permitted under US law and was validly effected in the United States.
Since private international law, under certain circumstances, allows for the recognition of a married name formed according to foreign law in the German legal sphere, a name created through meshing is also eligible for entry in the German name register. The applicability of German law within the context of public order (ordre public) did not, in the opinion of the District Court, argue against recognition, as no fundamental principles of German law would be violated.
Significance for the German legal context
The decision makes clear that in cross-border situations, foreign naming rules may also be considered within German family law under certain circumstances. It is not solely the requirements of German name law that are decisive; rather, an assessment must always be made based on the relevant conflict of law provisions.
Ultimately, the District Court clarified that the evaluation must be made on a case-by-case basis; the decisive connecting factor is the valid determination of the name abroad and its compatibility with essential principles of German law.
(Source: District Court of Frankenthal, Decision of 18.12.2023 – 2a III 1825)
Outlook
This decision may open up potential scope for shaping names for families and companies operating across jurisdictions. If legal questions arise in connection with the recognition of foreign naming regulations in German law, it is advisable to seek solid support. Further information is available from MTR Legal under legal advice in family law.
