Want the child to have a different surname? What is possible

After a separation or a new marriage, parents sometimes want the child to bear a different surname, such as the new family name. That is possible but tied to conditions. Above all, the child's welfare matters.

Reach your next steps and the matching ready-made texts in just a few minutes, free of charge:

Clarify your question →

Your chances of getting your money back

If the parent with custody remarries, the child can receive the new married name (name change into the family, § 1618 BGB). If the child bears the name of the other parent, or that parent shares custody, that parent's consent is generally required.

If a child is at least five years old, they must consent to the name change themselves. If the other parent refuses consent, only the family court can substitute it, and only if the change is necessary for the child's welfare, which is a high hurdle.

What you should do now

1
1. Clarify the situation
Is it about a name change into a family after remarriage, or another kind of name change?
2
2. Obtain consents
Obtain, as far as necessary, the consent of the other parent and of the child (from age 5).
3
3. Registry office
The name change into the family is declared and recorded at the registry office.
4
4. In case of refusal
If the other parent refuses without reason, the family court can substitute consent, but only if necessary for the child's welfare.

Frequently asked questions

Can I simply change my child's surname?

Not without more. After the custodial parent remarries, a name change into the family is possible (§ 1618 BGB), but usually only with the other parent's consent (if the child bears their name or they share custody) and, from age 5, the child's own consent.

What if the other parent does not consent?

Then the family court can only substitute the missing consent if the name change is necessary for the child's welfare. That is a high hurdle; a mere wish for the same name in the new family generally does not suffice. In a dispute, seek advice.

Take action now

We put together the ready-made texts and the right places to contact for you.

Clarify your question Check a suspicious message

More help: Emergency by phone · Act together · Right to a lawyer · All guides

General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.