Last name change
September 19, 2010 | 50,00 EUR | answered by RA Kristian Hüttemann
My 14-year-old daughter was adopted by my ex-husband when she was 2 years old. I have since been remarried for 6 years, and my current husband has taken on my maiden name. Our two children together also bear this name. My first daughter has a strong desire to also carry our current family name, but my ex-husband (who is a family judge himself) does not want to allow it... What can we do?
Dear Seeker,
Thank you for your inquiry, to which I would like to respond based on the information provided as follows:
The constellation you described is legally complex, as name law in Germany is comparatively rigidly regulated. A person's name serves their unique identification in legal transactions, and once a name is given, only exceptional circumstances allow for a name change afterwards.
Firstly, renaming your daughter due to your second marriage could be considered. However, you would need the consent of your first husband, even if you have sole custody, as your daughter bears the name of your first husband. Therefore, your first husband has a corresponding right to have a say, making his approval for the name change necessary.
Replacing his consent could theoretically be possible through the family court. However, very weighty reasons would need to exist to justify such a replacement of consent. Simply desiring better integration into your current family would likely not meet this requirement.
Furthermore, there is the possibility of a name change based on § 3 (1) of the Name Change Act. This also requires the presence of an important reason justifying the desired name change. Even within the scope of the Name Change Act, the desire for improved integration alone would likely not be sufficient for a name change.
An important reason could be considered if your daughter suffers significant psychological distress as a result of the adoption-related "name splitting". If these conditions are indeed met, a name change could potentially be seen as a necessary means to address this situation.
In this case, you would also need to go through the family court. Even with a desired name change under the Name Change Act, the consent of your first husband would be required.
In conclusion, it seems most promising for you to apply for a name change for your daughter for an important reason according to § 3 of the Name Change Act. If your first husband refuses consent, you should then file an application with the family court to replace his consent.
This application will only be successful if you can prove the important reason required for the desired name change. It is recommended to obtain a psychological evaluation to demonstrate that your daughter is suffering persistently and permanently from the "name splitting".
I hope this provides you with a sufficient overview of the legal situation. Please feel free to ask if you have any questions.
Best regards,
Kristian Hüttemann
Attorney
