How do Austrian and German surnames differ?
Names of spouses and children according to foreign law
Names of spouses and children according to foreign law
Reference: GMBl 2014, p. 162
My circular of November 11th, 2011 -
- RdSchr. d. BMI v. 5.2.2014 - V II 1 - 133 400/9 and / 11 -
In the meantime, I have received further information from the German diplomatic missions and other offices on the naming of the spouses and the family name of the child under foreign law; the result is taken into account in the annexes. Due to the new information in Bosnia and Herzegovina, Norway, Austria and Switzerland on the naming of the spouses under foreign law (Annex 1 - V II 1 - 133 400/11) and those in France, Norway, Austria and Switzerland on the child's surname According to foreign law (Appendix 2 - V II 1 - 133 400/9), the previous information for these countries is irrelevant. According to the list of state names for official use (Federal Foreign Office: as of January 2, 2014), the country designation "Cape Verde" is replaced by "Cabo Verde" and South Sudan is newly added.
The changes are published on the website of the Federal Ministry of the Interior www.habenstandsrecht.deUnder Legal Areas / Public Name Law / Collection of Foreign Name Law or the link: http://www.personstandsrecht.de/PERS/DE/Themen/Rechtsgebiete/Oeffentliches-Namensrecht/Sammlung-auslaendischen-Namensrechts/Sammlung-auslaendischen-Namensrechts_node.htmlset.
I would be grateful if you could inform the relevant authorities in your business area.
Ministries of the Interior / Senate Administrations
for interior of the countries
Representations of the federal states at the federal level
Names of the spouses according to foreign law
Bosnia and Herzegovina
Each spouse continues to use the family name in use at the time of the marriage. Each of the spouses can add the other spouse's family name to their family name.
By means of a joint declaration, the spouses can determine the surname of the man or woman as the joint surname. The person whose name does not become a common surname can add their name to the surname.
There is also the option of combining the family names of both spouses, or of both spouses or just one adding his family name to the other's family name.
The spouses continue to keep the family name in use at the time of the marriage.
All name declarations are individual declarations which, from a German point of view, qualify as a name change under public law. There is therefore no joint declaration of married names. In contrast to the public name change under German law, there is no need for an important reason for a name change, there are also few reasons to negatively modest an applied name change (e.g. generally known names of associations or foundations, brand names, first names).
Everyone is obliged to use their first and last names, although the last name can also be a double name with a hyphen. The hyphen is used to distinguish the two surnames from the middle name. More than two surnames (or a double name) are not permitted. Not an obligation, but an option is to use middle names. Middle names can only be names that can also be surnames. Double names are also possible for middle names.
The spouses have the common surname determined by them. In the absence of such a provision, they keep their previous family names. The fiancée or spouse can choose one of their names for the common family name. If a name consisting of several parts separated from one another or connected by a hyphen is used, the entire name or parts of it can be used. You can also choose a double name made up of the family names of both to be the common family name; you can use two parts of these names.
The spouse whose family name is not the common family name can determine even before the marriage that he or she has a double name made up of the common family name and his family name, unless the common family name already consists of several parts. The spouse whose family name consists of several parts may only use one of these parts. A double name must be separated by a hyphen between its individual parts.
If the family name of a spouse changes, a new determination can be made.
If the marriage is dissolved, the spouses can reassume any previously lawful family name.
A person can choose to have their surname adjusted to their gender, as long as this corresponds to the origin of the person or the tradition of the language from which the name originates. It can also stipulate that an ending of the name indicating the gender is omitted.
The determination or re-adoption of a family name is only permitted once.
Each spouse continues to keep the family name in use at the time of the marriage. The spouses can determine a common surname by means of a joint declaration. The common surname can be the surname (single name) of the man or woman that was used before the first marriage. If the bride and groom do not choose a common surname, they must determine which of their surnames will be used by their children before they marry.
Family name of the child under foreign law
Regardless of whether the parents are married to each other, the child receives the family name of the father or the family name of the mother or both family names (with a limitation to one of their respective family names) in an order determined by the parents. The double name is written without a hyphen between the two parts. Immediately after the double name in the French birth register there is a reference (1st part: X, 2nd part: Y). The French so-called real double names are still written with a hyphen; they are inseparable. If the parents have a double name, only one of these names can be transferred to the child. The surname chosen once applies to all siblings born afterwards. Without the parents' express choice of a name, the father's name is transferred to the child of a married couple.
The child whose parents are not married to each other receives the surname of the parent from whom the parentage is established when the birth is reported. However, on the occasion of the establishment of the second parentage, the parents can also provide the minor child with a joint declaration to the civil registry officer with the family name of the parent against whom the parentage was later established, or both family names (with the limitation to one of their respective family names) in one of give the parents a specific order. If the child is older than 13 years, their consent is required.
For minors, the custodians decide on the first and last name. The last name can also be a hyphenated double name. The hyphen is used to distinguish the two surnames from the middle name. More than two surnames (or a double name) are not permitted. Not an obligation, but an option is to use middle names. Middle names can only be names that can also be surnames. Double names are also possible for middle names.
If no effective decision is made within six months of birth, the child is given the mother's surname. Later name changes are submitted by the custodian, minors from the age of twelve must agree to this change.
Beyond the general rules of the naming law, there are no restrictive regulations about which surname is possible for a child, it is not based on the names of the parents, as in German law.
The child receives the common family name of the parents. However, the double name of a parent can also be assigned to the child's surname.
If the parents do not have a common surname, the surname of one of the parents can be determined as the surname of the child. If a name consisting of several parts separated from one another or connected by a hyphen is used, the entire name or parts of it can be used. A double name made up of the family names of both parents can also be determined; however, no more than two parts of these names may be used. A double name must be separated by a hyphen between its individual parts.
In the absence of such a provision, the child receives the mother's surname, even if it is a double name.
The family name of the child is determined by the person entrusted with the care and upbringing. Several persons entrusted with this have to establish the agreement; however, the declaration of one of them is sufficient, provided that they assure that the other agrees to it or that the agreement cannot be achieved with reasonable effort. The determination of a family name is only permitted once.
If the family name of the parents or one of the parents changes or if the parents marry each other, the child's family name can be determined again. The same applies to changes in the person of one of the parents, for example if a child is adopted or if the child's parentage is justified or changed.
The child whose parents are married to each other receives the common family name of its parents at birth. If the parents have different surnames, the child is given the name they used before the first marriage (single name), which they determined to be the names of their children when they married. Within one year of the birth of their first child, the parents can jointly declare to the civil registry officer that the child should be given the name (single name) of the other parent.
The child whose parents are not married to each other is given the mother's unmarried name at birth. In the case of joint parental custody, the parents can declare that the child should bear the unmarried name of the father.
The adopted child is given the name of the adopting person.
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