Definition and General Principles of Name Change
In German law, a name change refers to the administrative or judicial modification of a person’s surname or first name. It applies to natural persons and, in certain cases, legal entities, and is to be distinguished from mere spelling or pronunciation variations of the name. The relevant regulations are found both in the German Civil Code (BGB) and in the Act on the Change of Surnames and First Names (NamÄndG).
Types of Name Changes
Public Law Name Change
The public law name change must be distinguished from private law naming rights. It is allowed only under certain conditions regulated in the Name Change Act and is particularly considered if retaining the previous name would lead to significant disadvantages or if continuing to use the name is unreasonable for other important reasons.
Requirements
According to Section 3 NamÄndG, a name change is only permitted if there is an “important reason.” Such reasons may include:
- Severe negative perception of the existing name (e.g., offensiveness, ridicule)
- Psychological distress caused by the name
- Facilitation of integration for foreign-sounding names
- Re-adoption of a previously used name
Procedure
The process is initiated by submitting an application to the responsible registry office or name change authority at one’s place of residence. The decision regarding the application is issued as an administrative act subject to legal remedies. If the application is denied, the applicant has access to administrative legal recourse.
Name Change in the Law of Personal Status
Within the framework of personal status law, the name is changed by family law processes, such as marriage, establishment of a civil partnership, divorce, or adoption. These name changes are governed by statutory regulations in Sections 1616 et seq. BGB.
Marriage and Civil Partnership
Upon marriage or registration of a civil partnership, a common surname may be determined. Alternatively, it is possible to use a double-barrelled name in accordance with the BGB. The regulations governing name usage after dissolution of a marriage or partnership are set forth in Section 1355 BGB.
Name Change After Adoption
A name change can also occur as a result of adoption, provided that the child takes the adoptive parents’ surname. Regulations are found in Sections 1757 and 1768 BGB as well as in the Act on Civil Status (PStG).
Legal Effect of Name Change
The change of name is generally of declaratory effect, meaning it simply establishes that the new name will be used in the future. The change is effective vis-à-vis the general public (so-called publicity of the name). The name change is entered in the civil status register.
Notification to Authorities and Third Parties
After the name change, the new name must be updated in all official documents, such as ID cards, passports, and driver’s licenses. There is also an obligation to inform various institutions, such as banks, insurance companies, employers, or educational facilities.
Name Change in an International Context
Special rules apply to German nationals living abroad. The implementation and recognition of name changes are governed by international agreements, particularly the Hague Convention on Name Use and the EGBGB (Introductory Act to the Civil Code).
Name Change with Dual or Multiple Nationalities
Persons with multiple nationalities are subject to different national regulations concerning their names. Name usage must therefore be determined in each individual case on the basis of the relevant international agreements and German private international law.
Fees and Costs of a Name Change
Applying for a public law name change is subject to fees. The fee is based on the administrative effort and may differ between federal states. For a change of surname, fees can amount up to 1,022 EUR, and for a change of first name up to 255 EUR in accordance with the NamÄndGebV (as of 2024). Additional costs may arise for new identity documents and certificates.
Legal Protection and Remedies
If the name change authority issues a negative decision, the applicant has access to administrative legal remedies. After an unsuccessful objection procedure, a lawsuit may be filed with the competent administrative court. Decisions regarding private law name matters are settled under civil law.
Name Change for Minors and Persons Without Legal Capacity
Name changes for minors and individuals lacking legal capacity require the consent of their custodians or a legal representative. In cases of doubt, the family court can be involved, especially if several custodians hold differing opinions.
Special Case Scenarios
Transgender Persons
Transgender adults and youths may, under certain conditions, change their first name and gender entry on the basis of the Act on the Amendment of First Names and the Determination of Gender Affiliation in Special Cases (especially under the Transsexuals Act, and in the future under the Self-Determination Act).
Protection Against Misuse of Name Changes
To prevent misuse, such as identity concealment or circumvention of legal relationships, the authority examines the reasons for the name change carefully. Providing false or incomplete information may have criminal consequences.
Sources and Further Reading
- German Civil Code (BGB), Sections 12, 1616 et seq., 1355, 1757 BGB
- Act on the Change of Surnames and First Names (NamÄndG)
- Regulation for the Implementation of the Name Change Act (NamÄndVwV)
- Act on Civil Status (PStG)
- Hague Convention on Name Use
- Introductory Act to the Civil Code (EGBGB)
This comprehensive presentation addresses all legal aspects of name changes. It provides a solid foundation for understanding and practical application in both the German and international contexts.
Frequently Asked Questions
What legal requirements must be met for a name change?
To change a name in Germany, there must be “important reasons” according to Section 3 NamÄndG (Name Change Act). Simply being dissatisfied with the current name is generally not sufficient. Recognized important reasons include, in particular, serious personal, psychological, or social hardship caused by the previous name, for example, if the name is offensive, sounds ridiculous, leads to frequent confusion, or is associated with a negative history (e.g., criminal acts by prominent namesakes). Integration reasons, such as adapting a foreign name to the German language, may also be relevant. Each case is individually examined by the competent name change authority (registry office or regulatory office), with every reason being thoroughly reviewed in context with the applicant’s personal circumstances. The public interest in maintaining the previous name stands in the way of a change unless a sufficient reason is proven.
How does the legal procedure for a name change work?
The name change process begins with a written, substantiated application to the competent authority. This application must include all relevant personal data and the specific justification for the requested name change. The authority will then examine whether there is an important reason pursuant to Section 3 NamÄndG. Additional information or evidence is usually required, such as medical certificates, police clearance certificates, or proof of name confusion. The authority may also question neighbours, employers, or other persons from the social environment to assess the credibility of the information. Upon completion of the review process, an administrative decision will be issued. If the application is denied, an objection may be filed within one month and, if necessary, legal action may be taken before the administrative court.
What impact does a name change have on existing legal relations and documents?
A name change only changes the person’s name and does not affect their underlying identity or existing legal rights. The person remains legally the same, so existing contracts, certificates, wills, and other documents remain valid. However, official documents such as identity cards, passports, driver’s licenses, health insurance cards, and all contracts with banks, insurers, landlords, etc., must be updated by the holder after the name change, as authorities and contract partners are not automatically informed of the change. Land registers and company registers must also be corrected upon application. Historical documents are not changed retroactively but remain valid as issued at the time.
Can a name change be reversed or applied for again?
Once a name change has been lawfully completed, it is generally final and can only be reversed or reapplied for if there is once again an important reason according to Section 3 NamÄndG. Mere regret about having changed the name is not sufficient. In practice, a renewed name change may be possible, for example, if new burdens or risks of confusion arise with the new name, or if family circumstances change significantly. The legal assessment here is again subject to strict individual examination by the competent authority.
What costs are incurred when a name change is processed by the authority?
Fees are incurred for the processing of a name change application in accordance with the Administrative Costs Act and the associated fee schedule. For surname changes, fees may range from €2.50 to €1,022, while first name changes may cost between €2.50 and €255. The exact fee depends on the administrative effort involved, the economic value of the name change, and the type, scope, and complexity of the official examination. If the application is rejected, processing fees must still be paid, with the amount staggered according to the effort required. The issuance of new official documents as a result of the name change also incurs fees, which must be paid to the respective authorities.
Who is responsible for deciding on name changes?
The authority responsible for name changes in Germany is the name change authority, usually the registry office or regulatory office of the municipality or city where the applicant resides. For specific types of name changes, such as those relevant to repatriates or in the context of naturalization, higher authorities (such as state administrations or the Federal Office of Administration) may have jurisdiction. The decision is issued as an administrative act, against which an objection can be filed within one month in the event of rejection, followed by legal action at the administrative court if denied again. The allocation of responsibility and the precise procedure may vary depending on the federal state.
