Name declaration in marriage in the absence of domestic civil status entry
Source: BUS Rheinland-PfalzSpouses can design their own name in marriage.
The following name declarations may be considered, provided that German personal status applies to the spouses:
- determination of married names (even after marriage),
- Adoption of an accompanying name (precedence or addition) and
- Re-adoption of the birth name.
The corresponding declaration must be made personally to the registry office.
Furthermore, the declarant must be legally competent; for persons with limited legal capacity, the regulations according to § 106 ff. BGB apply, for supervised persons §§ 119 ff. BGB.
Declarations made after the marriage always require public certification or certification.
Name declarations are declarations of intent requiring official reception, which only become effective after receipt by the competent German registry office.
If there is no German marriage or marriage entry for the marriage, the registry office in whose jurisdiction one of the declarants has his/her domicile or last had his/her habitual residence is responsible for receiving a declaration on the use of the name in the marriage. If there is such a domestic connection, this jurisdiction comes into play if the marriage was contracted abroad and has not yet been subsequently authenticated in a German marriage register. If there is no such domestic connection in the form of a domicile or habitual residence in Germany, the Standesamt I in Berlin is responsible.
The registry office issues a certificate about the declaration of name.