by baby&familyNaming Law
Naming Law in Austria: The Most Important Rules for Choosing a Name
What last name will your child have if you are not married? How many first names are permitted, and what restrictions apply when choosing a name? This article summarizes the core provisions of Austrian naming law. It helps you keep track of deadlines following birth and understand your options for choosing first and last names.
The Legal Framework for First and Last Names
In Austria, naming law is governed by the General Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB) and the Civil Status Act (Personenstandsgesetz, PStG). The law clearly distinguishes between giving a first name and determining a surname.
Under Austrian regulations, the chosen names must be customary as given names and must not be detrimental to the child's welfare. In addition, the first given name must not contradict the child's sex. For rare international names, you should check what documentation the registry office requires; its use abroad is not an automatic guarantee of registration.
Stricter and more formalized rules apply to the surname. Which last name your child receives depends primarily on your marital status at the time of birth and whether you share a common family name. Austrian law now offers considerable flexibility here, especially through the option of giving the child a double last name composed of both parents' surnames.
The Different Everyday Scenarios
Depending on your personal situation, different options arise for your child's last name. Here are the most common scenarios:
You are married and share a common family name
If you share a common family name, your child will generally receive this name. If one parent additionally holds a permissible double last name, this can also be designated as the child's surname.
You are married but have different last names
Without a common family name, the name of either parent or a hyphenated double name formed from both parents' names may be chosen. For such a newly formed double name, no more than two components may be used; they are connected with a hyphen. If you already have children, discuss the naming arrangement of siblings during registration as well.
You are unmarried
Without a formal name determination, the child generally receives the mother's surname. Who is entitled to choose another permissible option depends, among other factors, on custody. Therefore, alongside any necessary acknowledgment of paternity, clarify who is authorized to submit the name declaration.
International couples
In cases involving foreign citizenships, another country's naming law may apply. Foreign nationals are generally subject to the naming laws of their home country; a name given in Austria is not automatically recognized there. Therefore, do not assume a free choice between the legal systems of both parents. Have the registry office determine which law governs your child's name and what documentation is required.
Choosing and Registering First Names
While surnames are subject to strict legal guidelines, you have the greatest leeway when choosing first names. In the HeyName app, you can try out first names directly with the last name and potential middle names to see how the combination looks and sounds in practice. This ensures that the given and family names flow smoothly and are easy to pronounce.
The birth notification must generally be made within one week; for hospital births, the medical facility usually handles this. Required documentation must also generally be submitted within one week, unless already provided. If the first names have not yet been chosen, you must report them at the latest within 40 days after birth. This is an independent deadline, not an extension for reporting the birth itself.
Frequently Asked Questions About Naming in Austria
How many first names can our child have?
If you are planning multiple given names, the specific sequence and its official review are what count. Confirm your preferred spelling and combination with the registry office. For a hyphenated compound first name, additional rules apply: according to official guidance, only two single first names may be joined or hyphenated together.
Are gender-neutral first names allowed?
A neutral name is not excluded simply because it can be used for multiple genders. However, the Austrian requirement remains: the first given name must not contradict the child's sex. You should clarify beforehand what this means for your specific preferred name.
Can we change the child's last name later?
That depends on the circumstances. If a parent's name changes or if the parents marry, the child's surname can be re-determined under Section 157 of the ABGB. A subsequent marriage does not automatically alter the child's name. In addition, an administrative procedure exists under the Name Change Act (Namensänderungsgesetz). Clarify which route and which consents apply to your situation.
Binding Guidance for Individual Cases
This overview refers to the aforementioned Austrian regulations. In cases involving international family ties, unresolved parentage questions, or rare names, the competent registry office should review your specific case. Inquire about the applicable law, required declarations, and necessary documents.
Legal information current as of: September 22, 2026.