Surnames recorded in foreign documents and certificates are not always automatically recognized under German law. You may need to submit a name declaration for the name you wish to use. Read here to find out whether you need to submit a name declaration and how to do so.

Since the reform of German name law, which took effect on 1 May 2025, the use of names by German citizens is subject to the law of their habitual residence. Consequently, if a person’s habitual residence is in India, Indian law may now also apply to the use of names. Under German law the reform now permits, among other things, double surnames for married couples and their children. You can find more detailed information on the changes here.

Name in marriage

Please note that a married name cannot be chosen under Indian law, as Indian law does not know a married name in the German legal sense.

If you wish to choose a joint married name, you must submit a joint declaration of name under German law. This declaration may be submitted at any time while the marriage is in effect and is generally irrevocable. Exception: If you have already validly chosen a married name under German law before 1 May 2025, but wish to use a name that has only been permitted since 1 May 2025 (e.g. a double name), you may re-determine your married name once - by submitting a declaration of married name (Article 229 § 67(1) EGBGB).

If applicable, it is advisable not only to submit the declaration of name but also to apply simultaneously for the registration of the foreign marriage in the German marriage register.

Options for the name declaration:
As has been the case up until now under German law either the family name or the birth name of either one of the spouses may continue to be chosen as the married name. If the family name or birth name of one spouse is declared to be the married name, the other spouse may place their own previously used name or birth name before or after the jointly chosen married name (with or without a hyphen).

As of 1 May 2025, you may also choose a double surname in your preferred order; however, please note that the surname may not consist of more than two parts. Double surnames may be written with or without a hyphen and are used by both spouses as their shared family name.

Please see 5 – Procedure for information on how to submit a name declaration.

Name after divorce or death of a spouse

The dissolution of a marriage through divorce or the death of a spouse does not result in an automatic name change. If you wish to resume a previous name (maiden name or previously used family name), a name declaration needs to be submitted in accordance with German law.

The German registry office responsible for accepting your name declaration will require you to first have a divorce obtained abroad recognized under German law. You can find information on divorce recognition here.

Please see 5 – Procedure for information on how to submit a name declaration.

Name of a minor child

If a German child is born on or after 1 May 2025 and the child’s parents have their habitual residence abroad, the child automatically acquires a birth name in accordance with the law of that country. Generally, the name mentioned in the child’s foreign birth certificate can be entered in the passport. Note: If the parents have their habitual residence in Germany and are travelling abroad solely for the birth of the child, German name law applies and a declaration of the child’s name may be required under certain circumstances.

For German children born before 1 May 2025, the name is governed by German name law. In such cases, the name from the foreign birth certificate generally cannot be automatically adopted. Exception: The child has not yet held a name under German law as of the cutoff date of 30 April 2025 and the child has its habitual residence abroad as of 1 May 2025. In this case, the name is governed by the law of the habitual residence and the name may—if the place of birth and habitual residence coincide—be transferred from the foreign birth certificate to the passport.

Under German name law parents without a common married name have the choice of whether the child should receive the surname of one parent or, as of May 1 2025, a double surname consisting of both parents’ surnames in the preferred order (with or without a hyphen). Please see 5 – Procedure for information on how to submit a name declaration. It may be advisable not only to submit the declaration of name, but to simultaneously apply for the registration of the foreign birth in the German birth register. If the parents have a married name, the child automatically receives it.

Name of an adult child

If you are an adult German citizen applying for a German passport for the first time and your parents did not have a common married name at the time of your birth, you must submit a declaration of name. Exception: You have not yet held a name under German law as of the cutoff date of 30 April 2025 and have your habitual residence abroad as of 1 May 2025. In this case, the name is governed by the law of the habitual residence and the name may—if the place of birth and habitual residence coincide—be transferred from the foreign birth certificate to the passport.

New: Since 1 May 2025 you may also, under certain circumstances, have a one-time right to change your name after attaining full age (Section 1617i of the German Civil Code [BGB]) if you already have a name under German law which you do not wish to keep. This declaration of name is binding and cannot be revoked. In addition to the declaration by the adult, the consent of the parent whose name is to be adopted is also required in some cases.

Procedure of submitting a name declaration

A declaration of name must be submitted to the competent registry office with a signature certification. The registry office in Germany responsible for receiving the declaration of name is the one within whose jurisdiction you currently reside, last resided, or have your habitual residence in. If no jurisdiction can be determined based on this, the Registry Office I in Berlin is responsible.

To have the name declaration certified, you must appear in person at the mission responsible for you for an appointment. The mission will then forward the name declaration to the competent registry office and, if desired, hand out the requested name certificate to you once the registry office has completed processing. Please note that in addition to the fees you pay during your appointment at the mission, processing fees will also be charged by the registry office. The registry office will send you a separate payment request upon receipt of the declaration.

During the appointment, the signature(s) on the declaration will be certified, for which a fee of 85.00 euros (payable in cash in Indian rupees at the current exchange rate) applies. In addition, certified copies of the documents to be submitted to the registry office along with the declaration will be made. Please bring the originals of the required documents and a fee of 24.00 euros (payable in cash in Indian rupees at the current exchange rate).

Please note that foreign language documents must be accompanied by a German translation prepared by a sworn translator. Documents originally issued in English may be accepted; however, translations into English are not accepted.

Foreign civil status documents generally require an apostille or legalization in order to be recognized under German law. In the case of Indian documents, a document verification by a trusted lawyer (link to new English article on verification) may be required, subject to a fee.

Below you will find the documents required for each category, which must be presented in original form along with two copies at your appointment:

a) Declaration regarding the use of surnames in marriage: both spouses must be present
• Completely filled-out declaration form, not yet signed
• Passports of both spouses
• Birth certificates of both spouses
• Marriage (registration) certificate
• For religious marriages, please also provide a temple certificate/Gurudwara certificate/Nikkah nama
• For religious marriages, please also provide photos of the wedding ceremony
• If applicable, proof of the dissolution of previous marriages (e.g. divorce decree or death certificate of the former spouse)
• Proof of the spouses’ residence in India (visa, OCI card, etc.)
• Certificate of deregistration from the last place of residence of one or both spouses in Germany (‘Abmeldebescheinigung’)

b) Name declaration following divorce/death of the former spouse
• Completely filled-out declaration form, not yet signed
• Passport
• Birth certificate
• Divorce decree or death certificate of the former spouse
• If applicable, recognition of the foreign divorce
• Proof of residence in India (visa, OCI card, etc.)
• Certificate of deregistration from the last place of residence in Germany (‘Abmeldebescheinigung’)

c) Name declaration for a minor child: all legal guardians and the child aged 14 and older must appear in person
• Completely filled-out declaration form, not yet signed
• Passports of both parents and, if applicable, the child
• Birth certificates of both parents and the child
• If applicable, the parents’ marriage (registration) certificate
• For religious marriages, please also provide a temple certificate/Gurudwara certificate/Nikkah nama
• For religious marriages, please also provide photos of the marriage ceremony
• If applicable, proof of the dissolution of the parents’ previous marriages (e.g. divorce decree or death certificate of the former spouse)
• If applicable, acknowledgment of paternity
• If applicable, adoption decree
• If applicable, birth certificates of siblings
• Proof of residence in India (visa, OCI card, etc.)
• Certificate of deregistration from the last place of residence in Germany (‘Abmeldebescheinigung’)

d) Name declaration for a child of full age:
• Completely filled-out declaration form, not yet signed
• Passports of both parents and the child
• Birth certificates of both parents and the child
• If applicable, parents’ marriage (registration) certificate
• For religious marriages, please also provide a temple certificate/Gurudwara certificate/Nikkah nama
• For religious marriages, please also provide photos of the marriage ceremony
• If applicable, proof of the dissolution of the parents’ previous marriages (e.g. divorce decree or death certificate of the former spouse)
• If applicable, acknowledgment of paternity
• If applicable, adoption decree
• If applicabe, birth certificates of siblings
• Proof of residence in India (visa, OCI card, etc.)
• Certificate of deregistration from the last place of residence in Germany (‘Abmeldebescheinigung’)