The Married Name

If you got married and did not make a name declaration for the German legal sphere, your surname has not changed. If, for example, you got married in South Africa, you continue to carry your previous name even after marriage.

This also applies if you are a dual citizen and already carry your spouse's name in South Africa. Please note that even if a German passport in your preferred name was already issued to you, but the necessity of a name declaration had been overlooked in the past, the situation must be rectified now.

A name declaration can be give at any time during the existence of the marriage. The declaration is irrevocable.

Possible Options:

According to German law, you may either choose the birth or current name of either spouse. The German spouse may choose a double-barrelled surname for him- or herself, if his/her name does not become the joint family name.

You can also choose not to apply German law, but the law of one of the spouse's home country for your married name. It is advisable to choose this option if the preferred married name is not permissible according to German law.

Read below for information on how to declare your name!

Name after Divorce or Death of a Spouse

The ending of a marriage by divorce or death does not have any effect on your name. If you wish to return to your previous name a name declaration is necessary.

The registrar's office processing your name declaration will ask you to first apply for the recognition of divorce, see here

Read below for information on how to declare your name!

The Name of a Child

A German child born abroad does not always have a valid name for the German legal sphere, even if a name has already been entered into the foreign birth certificate. Please note that a name declaration may also be necessary if your child had a previous German passport issued to him/her but where the necessity of a name declaration has been overlooked.

What is the relevant law? What choices do we have?

Until 1st May 2025:

1. If the child is born as a German citizen, German law automatically applies to the name. A name declaration is required when the parents hold joint custody at birth and carry no joint name in marriage. You may either choose the father’s or the mother’s name. In case of children born in wedlock, the chosen name will automatically apply to younger siblings.

2. Foreign law can be applied for applicants with multiple citizenships: If the child holds more than once citizenship, for example if he/she is South African, you may choose to apply foreign law to the name of your child. Choosing South African law is advisable if your child shall have a name not permissible under German law. The choice does not have any bearing on siblings, separate name declarations must be filed for each child.

How to go about it?

If you are planning to apply for registration of a birth, a necessary name declaration can be given with the birth registration (see third page of application form for birth registration). If you do not apply for birth registration, a name declaration can be given separately.

Read below for information on how to do a name declaration!

The Name of a Child over the Age of 18

If you are over 18 years old and applying for a German passport for the first time and never filed a name declaration, you may need to declare your name first. If at the time of your birth your parents did not carry a joint married name according to German law, you must file a name declaration for yourself. As of 1st May 2025 this will no longer be required, due to the amendment of the German law. Your name will then be formed according to the law at your place of residence on 1st May 2025 and in most cases you will not require a name declaration.

How to Make a Name Declaration?

A name declaration must be given in person:

1. Bring all documents and certificates listed below in the original plus two simple (non-certified) copies each. The copies will be certified at the German Mission and the originals returned to you at once.
   

2. All South African documents must be in the unabridged* (full) form.
   *An unabridged birth certificate contains the details of the parents.
   *An unabridged marriage certificate contains the civil status at the time of marriage (e.g. bachelor/spinster, divorced, widowed).
   

3. All documents that are not in German or English must be furnished with a German translation. Note that the registrar's office might also ask for German translations of English documents.
   

4. Please note that many registry offices request South African certificates to be furnished with an Apostille. In order to avoid later delays, we recommend submitting documents with Apostilles right from the start.
   

5. The Embassy/Consulate will forward your name declaration and supplementing documents to the registry office in Germany where a certificate of proof of name will be issued. The registry office will most likely charge an additional fee for the certificate of approximately 12,- Euros, to be paid directly to the registry office.

6. Information concerning data protection with regard to the processing of your application can be found here.
   

Required documents:

Note: Not all possible cases and scenarios can be represented here. Additional documentation might be necessary depending on your individual case.

Change of Name under Public Law

There are cases in which a name declaration cannot take place or can no longer be undertaken according to the civil law options described so far on this page.

If an important reason exists that would justify a change of name, an application can be made for a change of name under public law. Further information can be found here.