Child’s name change: regulations, difficulties, costs

Divorce usually brings a lot of changes with yourself, not just for divorced spouses. Even the children together are often affected by all sorts of innovations and not only in relation to the living and living situation. Even their name can change if the parents draw a clear line and no common married name want to wear more.

But how can parents change the last name? After the separation or divorce of a parent, can a child decide whether to rename it? is a name change in the child possible after the wedding of a parent again without problems? How does the name change work? for an illegitimate child? Family law provides very precise rules for the various cases. This guide explains how the name change in children takes place.

Contents of this guide

Change last name of child: when is this possible?

Why do parents want a change of name for your child at all? The surname should mostly change when the living situation of the parents changes: because they marry, separate or divorce, or because one of the two wants to marry another partner. A child’s name change is particularly common after a divorce from parents in front.

To clarify in which case the name change possible must be considered first, whose surname the child can wear at the beginning:

If the parents are married at birth and have a common married name, this is automatically the child’s last name.
Are the parents married at birth or have parental responsibility together, but have no common surname, determine be >

Is the name change possible for a foster child?

foster children usually carry the name of their family of origin. This can be very depressing for both the foster family and the child itself. With an adoption Changing the name is not a problem for the child, but not every foster child can be adopted.

Usually must an important reason for a name change available; so says the Name Change Act (NamÄndG). A child who lives with another family for long-term care actually has here better prospects than most others, thanks to a fundamental decision of the Federal Administrative Court in 1987. According to this, the child can take on the name of the foster parent if this promotes the welfare of the child and there is no overriding interest in the child keeping the name of its family of origin.

A court must determine whether the child’s name change is permitted decide depending on the individual case. However, the chances of success for this are usually not bad.

Name change after the divorce of the parents: The hurdles are high

Let us first consider the case that the child’s parents were married and this either has the common family name or the last name of one of the two parents. Now have this get divorced.

While the ex-spouses can change their surname relatively easily, e.g. B. from the family name back to the maiden name, that turns out more complicated in the common child. In fact, a child’s name change after their parents divorced or separated almost impossible.

As already mentioned, the family name can only be changed according to § 3 NamÄndG, "if there is an important reason justifying the change." When there is one, must always be decided by a court on a case-by-case basis. The very fact that the parents are separated or divorced, justifies the name change usually not with the child together.

Even if only the non-eponymous parent then has custody and the child on the other hand, no more reference this is usually not enough to request a child’s name change. This is true even if the child bears the last name of a person who not his birth parent is because z. B. his birth mother married another partner and whose name was adopted which was then given to her child.

But what good reasons would the law justify a name change? The child’s last name can usually be found only in extreme cases change, e.g. B. if there is sexual abuse or the name triggers severe trauma to the child. Here is playing the best interests of the child a major role. As already mentioned, this is an individual decision that must be made by the court.

Name change after marriage: child’s name

Chances are a little better if the name doesn’t give it, though custodial parent marries and takes the surname of the new partner. Under certain circumstances, it is then also possible that the child takes this name, although it is not biologically related to the namesake. this will referred to as naming.

It is irrelevant whether the marrying parent marriage occurs again, after divorcing the other parent, or whether this is his first wedding is. In other words, it makes no difference here, whether the biological parents are divorced or never married.

In both cases, to request such a change of name for the child from the registry office to be able to meet the following conditions:

The child has to underage and with his biological parent and his new spouse in a common household Life.
Does the child already have that? age five, it has to agree to the name change.
If the biological parents have joint custody of the child, that is the approval of both required.

But does that mean that if the mother remarries, the child’s name will not change without the consent of the custodian can be done? Not necessarily, because sometimes consent can be given replaced by the family court should be in the best interests of the child. The individual circumstances of the individual case must be taken into account.

However, will no paternal approval needed for the child’s name change if sole custody of the mother consists. If the necessary requirements are met, parents can apply for the child’s name to be changed. The form for this is usually available from the responsible registry office and submit it there.

Name change: the last name for a child over 18 can be changed?

The name change for an adult child turns out very difficult, because here too, there must be a very good reason and the decision depending on the individual case is to be met.

What are the costs of changing the child’s name??

When changing the name for a child after a wedding fall different costs on. Definitely have to Name Change Fees be paid. Depending on the registry office, these amount to around 20 to 30 euros.

If the name change in the child the consent of the other parent a declaration of consent is also required, unless this was made at the same time as the declaration of change of name. Also the declaration of consent costs between 20 and 20 euros at the registry office.

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