There are rules and regulations on naming your child. First of all, it depends on your marital status, and then the name itself.
The most confusing law is that it must be gender clear, so it has to indicate whether it is a boy or a girl. There have been some changes to this law, and names can now be gender-neutral, with the additional paperwork, of course. All names must be approved by the Standesamt.
In Baden-Württemberg, the following rules apply. This might be different for your Bundesland, so always make sure.
You have the following options for naming:
First names
If both parents have custody, they can jointly determine the first name of their child.
If only one parent has custody, they can choose their first name.
You can determine the first name yourself.
Names are not allowed which, by their nature, are not first names or that negatively affect the best interests of the child.
Surnames, objects or products as a First name are also not allowed.
Surname
When determining the surname of your child (also known as the maiden name), you must consider the following:
- If you are married to each other and have a married name. The child then receives your married name as the maiden name.
- If you are married to each other but do not have a married name. You can then choose either the surname of the mother or the father as the child’s maiden name.
This provision then also applies to all other children. - If you are not married to each other and one parent has sole custody of the child. Then the child receives their family name. As the parent with custody, you can also give the child the surname of the other parent. But this is only possible with their consent.
- If you are not married to each other but have joint custody. Then you can choose either the family name of the mother or the father for the child’s maiden name.
From one of our Facebook Members:
“We have chosen an Afrikaans girl’s name, which is apparently seen as a gender neutral name in Germany.
We had to get the name ‘Beurkundigt’. We have also been told that either we need to give a second name which identifies the gender or we need to sign a document (Erklärung zum Vornamen eines Kindes) stating that we are aware we are giving our child a gender neutral name.
FYI, it is very much a girl’s name in SA, but as with the name Yolandi, apparently it is gender neutral here. So, something one might want to get out of the way and discuss with the Standesamt before the 7-day registration.”
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