Naming Law
Registering Unisex Names: Rules in Germany, Austria, and Switzerland
You have found a given name that can be given to any gender. Now it is time for formal registration at the civil registry office, and a common question comes up: Does your child definitely need a second, gender-specific given name so that their gender is clearly recognizable on paper? This article explains the current legal situation in Germany, Austria, and Switzerland, highlighting what you should keep in mind when choosing gender-neutral names in practice.
Germany: No Second Given Name Solely Due to Gender Neutrality
For a long time, the rule persisted that a child must bear a clearly gender-specific given name. If the first given name was gender-neutral, the authorities required a second name that clearly identified the child's sex. However, this practice has been obsolete in Germany for many years.
The order of the Federal Constitutional Court of December 5, 2008 (1 BvR 576/07) makes it clear: A gender-neutral given name does not require a gender-specific second given name solely for that reason. However, this does not imply an across-the-board acceptance of every name in every circumstance.
Austria: Special Rule for the First Given Name
Under Austrian regulations, the first given name must not contradict the sex of the child. Names must be customary as given names and must not be detrimental to the child's well-being. A neutral name is not automatically excluded by this rule; you should clarify its specific classification with the civil registry office. Adding a second given name later does not replace the evaluation of the first name.
Switzerland: Considering the Best Interests of the Child
The civil registry office examines whether the chosen given names manifestly harm the interests of the child. For a neutral name, you should therefore not infer automatic approval based on a German court ruling. Clarify any rare or inconsistently used name directly with the competent registry office.
What This Means for Your Appointment at the Registry Office
Whether a specific given name can be registered on its own depends on the applicable law and the specific name itself. Inquiring early allows you to clarify what information the relevant office requires for your selection.
Explaining usage:
For a rare or international name, evidence from the relevant linguistic region can facilitate the review. Ask specifically which questions remain open and which documents would be helpful.
Having evidence ready:
If you choose a very unusual unisex name, it is helpful to arrive at the registry office well-prepared. Do you have documentation showing that the name is customary in other countries? This could include extracts from international name registers or confirmations from embassies. The better you can document that it is an established given name, the quicker the registration process will be.
Your personal decision:
Independent of the legal review, you can consider whether you would like an additional given name. Try out in HeyName how your favorites sound together with middle and last names. The app supports you in making your selection; the final decision on registration rests with the competent registry office.
Frequently Asked Questions About Registering Unisex Names
What should you do if the registry office rejects the name or the absence of a second given name?
First, ask for the specific reasons and request that they be provided in writing. An onomastic expert opinion can help with unresolved factual questions, although it is not a guarantee of registration. In Germany, § 49 of the Civil Status Act (PStG) provides for a court order directed to the registry office; which local court (Amtsgericht) has jurisdiction is governed by § 50 PStG. The procedures in Austria and Switzerland are distinct from this.
Does the spelling play a role in recognition?
Yes, spelling can be decisive in determining whether a name is recognized as an established given name. If you choose a significantly altered or completely newly invented spelling of a well-known unisex name, the registry office may review it more closely. When in doubt, stick to documented spelling variants to avoid delays in the registration of the birth.
Does the new naming law from 2025 also apply to unisex given names?
The German reform of the law on marital names and birth names came into effect on May 1, 2025. Among other things, it altered the options available for surnames. The question of whether a gender-specific second given name is required alongside a neutral first given name is distinct from these changes.
Clarify Open Questions Early
A name can be used differently depending on the language and country. If there is any uncertainty, inquire about the specific spelling and the law applicable to your child. This is especially helpful when multiple citizenships or foreign registries are involved.
You can find a selection in our article 20 Unisex Names. Once you have settled on your favorite, you can make a targeted preliminary inquiry to find out which documents will be required for registration.
Legal status as of September 22, 2026.