Submit a declaration regarding the use of a name - Declaration regarding the use of a name by spouses without a domestic marriage or marriage registration
service description
Spouses can choose their own surname.
The following name declarations are possible, provided that German personal law applies to the spouses:
- Determination of surname after marriage (also after the marriage ceremony)
- Adoption of an accompanying name (prefixing or addition)
- Resumption of birth name
The corresponding declaration must be submitted to the registry office. The declaration is strictly personal.
Furthermore, the person making the declaration must be legally competent; for persons with limited legal capacity, the regulations according to § 106 BGB apply, and for persons under guardianship, §§ 119ff BGB apply.
Declarations made after the marriage ceremony always require public authentication.
In Germany, notaries and any registrar appointed in Germany are responsible for authentication. For declarations made abroad, the authentication and certification authority of German consular officials must be observed.
Declarations of name are declarations of intent that require official receipt and only become effective after receipt by the competent German registry office.
If no German marriage or marriage certificate exists, the registry office responsible for accepting a declaration regarding the use of a name after marriage is the one in whose jurisdiction one of the declarants resides or last resided, or has their habitual residence. If such a connection to Germany exists, this jurisdiction applies if the marriage was solemnized abroad and has not yet been subsequently registered in a German marriage register. If such a connection to Germany does not exist, in the form of a residence or habitual residence in Germany, Registry Office I in Berlin is responsible.
What documents are required?
- Identification document (identity card or passport)
- Marriage certificate or certified extract from the marriage register
with translation, apostille and, if necessary, verification of content. (To be determined in detail by the responsible registry office)
What fees apply?
There may be costs associated with the names.
Please contact your local registry office.
- €28.50 for the authentication or certification of a declaration regarding name choice in the case of marriage
- €15.00 for issuing a certificate of declarations regarding name usage
What deadlines do I need to consider?
No deadlines
legal basis
- § 41 Civil Status Act (PStG)
- No. 16.5.5.1 of the state ordinance on the fees for general and internal administration, including the police administration (special fee schedule)
- No. 16.5.6 of the state ordinance on the fees for general and internal administration, including the police administration (special fee schedule)
- § 5 Civil Status Ordinance (PStV)
- Section 46 No. 1 of the Civil Status Ordinance (PStV)
- § 1355 Civil Code (BGB)
- Section 1617c paragraph 3 of the German Civil Code (BGB)
- Art 10 paragraph 2 Introductory Act to the Civil Code (EGBGB)
- Article 229 § 67 paragraph 1 Introductory Act to the German Civil Code (EGBGB)
