Naming Law in Germany: What Rules Apply to First and Last Names

Legal Framework for Choosing a Name

In Germany, naming law is codified in the Civil Code (BGB) and the Civil Status Act (PStG). In principle, the legislature makes a strict distinction between first names and family names (surnames). Different principles apply to both areas.

Choosing a First Name
As parents, you have broad discretion when choosing a first name. There is no official binding list of all permitted names. The deciding factors are the specific name chosen and the welfare of the child. For an unusual name, proof of its established use can be helpful. An internet list of allegedly "permitted" or "forbidden" names cannot be used to deduce a binding commitment for your specific case.

Choosing a Last Name (New Regulation as of May 2025)
For a long time, very strict rules applied to family names, which were significantly relaxed by the Act to Amend the Law on Spousal and Birth Names (in force since May 1, 2025). If you are married and share a common marital surname, your child automatically receives this name. If you do not share a common marital surname or are not married to each other (but hold joint custody), you must make a determination.

Since May 1, 2025, parents without a shared marital surname who have joint custody can also choose a double surname formed from their names as the child's birth name. They determine the order. A hyphen is provided for, but can be omitted by declaration. Parent names that already consist of multiple parts cannot be combined indefinitely into longer chains of names.

How the Rules Apply in Everyday Life

Legal theory meets practice at the registry office. Here are three typical situations where naming law determines your options.

Situation 1: You want to give a very rare or international first name
If you choose a name that is largely unknown in Germany, the registry office will check whether this name exists. If it is an established name from another linguistic background, reliable proof from credible sources is often sufficient for the registry office. However, if you invent a completely new combination of letters, queries or a rejection may follow. If you are still unsure about your choice, you can rate names independently in the HeyName app as "Favorite", "Maybe", or "Not a match". The app will then show you your shared matches. You can then discuss this shortlist together and, if necessary, clarify it with the registry office in advance.

Situation 2: Joint custody and no shared marital surname
Under these circumstances, you generally determine the surname of one parent or a double surname formed from both names. If you do not make a determination within one month after birth, the child initially receives an alphabetically ordered, hyphenated double surname in accordance with Section 1617 (4) BGB. If at least one parent rejects this name, the family court transfers the decision-making authority to one parent. If joint custody is established only later, the rules for redetermination under Section 1617b BGB apply.

Situation 3: Taking a stepparent’s family name (Einbenennung – name change in a new family situation)
When one parent remarries and the child is to take the surname of the new stepparent, this is referred to as an Einbenennung. This process is governed by Section 1617e BGB. If the other biological parent (who also holds custody or whose name the child bears) does not consent, the family court can substitute this consent. An important legal change took place here: the court now examines whether the change of name serves the welfare of the child. Previously, the much stricter standard applied that the change had to be necessary for the child's well-being. The threshold for an Einbenennung without the other parent's consent was thus slightly lowered, but it remains a case-by-case court decision.

Three Common Questions About Naming

How many first names can we give our child?
There is no fixed number specified in the BGB to answer this question. If you choose multiple first names, consider how practical the overall combination is in daily life, and clarify an unusually long sequence of names with the registry office. A specific number does not guarantee automatic approval.

Must a first name clearly indicate gender?
In Germany, a gender-neutral first name does not require a gender-specific second first name solely due to its ambiguity. This stems from the decision of the Federal Constitutional Court of December 5, 2008, file reference 1 BvR 576/07. The general review of the specific name chosen still applies.

May we use a surname as a first name?
A name can serve different functions across different languages. Check with the registry office whether and how your desired name can be proven to function as a first name. Its use as a surname alone does not allow for a reliable conclusion regarding the requested registration.

Clarifying with the Registry Office Early On

The registry office at the place of birth is generally responsible for certifying the birth. In the case of an unusual name choice or international family ties, an early inquiry is worthwhile. It helps you clarify unresolved questions and identify the required documents.

Inquire as specifically as possible regarding the desired spelling and your family circumstances. If the registry office refuses an official act, a court decision can be applied for pursuant to Section 49 PStG. Jurisdiction is governed by Section 50 PStG. A non-binding preliminary inquiry replaces neither the subsequent formal review nor this legal recourse.

Legal information as of: September 22, 2026.

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