More freedom and new possibilities in name law
On May 1, 2025, a comprehensive reform of name law came into force in Germany. The aim of the new regulations is to provide families and particularly married couples as well as parents more freedom and flexibility in choosing the family name. At the same time, legal frameworks are being created that better respond to today’s life realities, e.g., in patchwork families, non-marital partnerships, or after separations.
Name law is an important topic for many families and married couples. With the reform, the legislature has adapted and liberalized name law to real circumstances. The innovations apply not only to citizens with a German passport but to all persons who have their habitual residence in Germany, according to the business law firm MTR Legal Rechtsanwälte, which provides advice, among other things, in family law.
Double names for both spouses possible
One of the most significant innovations concerns the choice of name upon marriage. In the future, both spouses may use a common double name as their family name. Previously, only one of the two could combine their birth name with the partner’s surname to form a double name. The other spouse had to choose a single family name. With the reform, this unequal treatment is abolished, creating more room for individual decisions. The double name can be written with or without a hyphen.
Partners also continue to have the option to retain their own surnames or to adopt a common unified name. The reform thus expands the options without eliminating previous possibilities.
Even in already existing marriages, the marital name can be retroactively changed.
Naming children
The reform also brings significant changes in the naming of children. In the future, parents can give their children a double name from the family names of both parents – regardless of whether they are married or not. The prerequisite is that only one component from each parent’s name is chosen. A child can be called Maier-Müller or Müller-Maier, for example, if the parents have the respective surnames. Children can also bear a double name even if the parents do not.
The decision on the order of the names is up to the parents, with the new law explicitly leaving open which name comes first.
No name chains possible
Despite the expanded options, an important restriction remains: forming so-called name chains from more than two name components is still prohibited. This applies to both spouses and children. Anyone who already has a double name and gets married may not incorporate both previous name components into the new marital double name. One of the two parts must be chosen. For children, only one part from each parent’s name may be used. The new name law thus retains a maximum of two names.
Newly regulated is also the naming in non-marital partnerships. Although unmarried couples still cannot have a common family name after the reform, they may give their children a double name from the two parents’ family names in the future.
Name change after separation and divorce
Another important component of the reform concerns children from divorced marriages or separated partnerships. If the custodial parent relinquishes the joint marital name after separation and resumes their birth name, the child can also change their name in the future. However, the change must not occur against the child’s will. If the child is a minor, both parents must agree, provided they have joint custody. Only in justified exceptional cases, for example, if one parent refuses consent and this contradicts the child’s welfare, can a court decision be made.
Stepchildren, who have taken the spouse’s name after marriage, can also resume their original name after divorce.
International name law
Name usage is no longer determined by nationality but by the laws of the state where the person has their habitual residence. For German citizens who have their habitual residence abroad and marry after April 30, 2025, the name law of the country where they ordinarily reside applies. This also applies to children born from May 1, 2025. However, by making a corresponding declaration, German name law can also be chosen.
Civil registry offices are responsible for name changes. In the event of a name change, documents such as identity cards, driver’s licenses, etc. must also be changed.
MTR Legal Rechtsanwälte advises on name law and other topics of family law.
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