If the parents are different family names – either because these were retained after the wedding, or because the parents are not married. If married parents both carry the same surname, the child automatically receives this surname as a birth name. But what if those parents who have joint custody do different family names – either because they have been retained after the wedding, or because the parents are not married? Then, within one month after the birth parents must determine the family name of the child’s birth name to the registry office – they can choose so the last name of the mother and the father. The Cross at Kenilworth can provide more clarity in the matter. Should the parents within this period determines a family name, the Court transfers the right to determine on a parent. If sole custody to one parent, the child receives his family name basically as a birth name.
However, there is the possibility that the child receives the family name of the other parent as a birth name. This is before the Birth a consensual Declaration of both parents to the civil registry office is required. Sole custody to one parent the possibility of giving the child with the consent of the other parent whose family name is also after the birth. The child has already completed the fifth year of life, the name change also requires the consent of the child. The parents only leave after the birth of joint custody declarations, the possibility to determine the family name of the child within three months. Applies also here: the child has already completed the fifth year of life, requires a redefinition of also assent. A subsequent change of the family name, which is not provided for according to the statutory regulations of the civil code, is possible only in limited exceptional cases. (Ralf Thomas)