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Name declaration for minors (persons under 18)

27.05.2025 - Article

A German child born abroad does not necessarily obtain the family name that is indicated in the Namibian birth certificate.

Change in German Name Law

On May 1, 2025, the reform of the German marriage name and birth name law, as well as international naming law, came into effect. This provides new options for both German and binational families. The previous regulations still apply to marriages and births before May 1, 2025. Since May 1, 2025, German law allows the determination of a double surname for both marriage names and the birth name of children, using the names of both spouses or parents. However, the name cannot consist of more than two parts. Double surnames can be written with or without a hyphen.

A short overview to the new possibilities of the new German name law can be found here (available in German only). A FAQ with comprehensive information can be found on the website of the website of the Federal Ministry for Justice (available in German only)

Overview

The following overview serves to illustrate these regulations in relation to individuals who have their habitual residence in Namibia, and for whom Namibian naming law will therefore apply from now on.

The name of a child born in Namibia after April 30, 2025

  • The child was
  • born after April 30, 2025
  • in Namibia and
  • contains the name of the father or mother, as permitted under Namibian substantive law, in the Namibian birth certificate

and

the child and the parents

  • have their habitual residence in Namibia

No declaration of name is required – the name on the Namibian birth certificate is also valid in the German legal context and thus for the German passport.

The Name of a child born before May 01, 2025 in Namibia

The parents of the child were

  • married at the time of birth of the child and
  • already use a shared marital name under German law (proof by German certificate of marital name or German marriage certificate).

and

the child was

  • born before 01.05.2025
  • in Namibia and
  • bears in the Namibian birth certificate the name of the father or mother as permitted under Namibian law.

No name declaration is required – the parents have already chosen a shared marital name, which automatically applies to the child as well.

However, a name change/choice of law is possible – regardless of the child's age.

The parents of the child were

  • married at the time of birth of the child and
  • do not have a shared marital name under German law

and

the child was

  • born before 01.05.2025
  • in Namibia and
  • bears in the Namibian birth certificate the name of the father or mother as permitted under Namibian law.

From the perspective of German law, the child previously had no legal name.
The name on the Namibian birth certificate will now also apply within the German legal system as of May 1, 2025, and therefore for the German passport as well.

However, a name change/choice of law is possible – regardless of the child’s age.

The mother of the child was at the time of the birth of the child

  • German citizen and
  • not married to the childs father

and

  • There is no father, or the child's father has not validly acknowledged paternity under German law (paternity acknowledgment)

and

the child was

  • born before 01.05.2025
  • in Namibia and
  • bears in the Namibian birth certificate the name of the father or mother as permitted under Namibian law.

From the perspective of German law, the child has borne the mother's name since birth. However, a name change/choice of law is possible – regardless of the child's age.

The parents of the child were at the date of birth of the child

  • not married to each other

and

the father of the child has

  • Paternity validly acknowledged under German law (paternity acknowledgment).

and

the child was

  • born before 01.05.2025
  • in Namibia and
  • bears in the Namibian birth certificate the name of the father as permitted under Namibian law.

From the perspective of German law, the child has borne the mother's name since birth. However, a name change or choice of law is possible – regardless of the child's age.

If you wish to change your birth name, this requires a name declaration/choice of law. This can be submitted either directly to the registry office responsible for you or at the Embassy in Windhoek after booking an appointment online in advance. The name declaration is also possible as part of the subsequent registration of the birth.“

However, this name change applies exclusively to the name usage under German law (and thus also in the German passport), resulting in what is known as 'inconsistent name usage' ('hinkende Namensführung').

Example: Marie Becker (German/Namibian national) and Lukas Schmidt (Namibian national), who kept their respective surnames upon marriage, live in Namibia. Their daughter Lena is born there. According to Namibian law, the name Lena Schmidt is entered on the Namibian birth certificate. However, the parents would prefer a combination of their surnames for the German passport, and the child should be named Lena Becker Schmidt. In this case, they can choose German law and declare that the child shall be named Lena Becker Schmidt. Once the name declaration becomes effective, the child will bear the name Lena Becker Schmidt in the German passport; in the Namibian passport, however, she will continue to be named Lena Schmidt.

Competent Authority

The registry office at the current or last place of residence of the child or the eligible applicant in Germany is responsible for processing the name declaration/change or choice of law.

If there has never been a residence or habitual place of abode in Germany, the responsible authority is the Standesamt I in Berlin.

If you reside permanently in Namibia, you can submit the application through the Embassy in Windhoek. The Embassy will review the documents and forward them to the competent German registry office for final processing.

Eligibilty to file an application

If the child whose birth name is to be determined is a minor, the personal attendance of the following persons is required:

  • the parents with custody or the parent with sole custody, and
  • the child (if 14 years of age or older), as well as
  • if applicable, the parent without custody who is giving the name, or the spouse of the parent giving the name.

If the child whose birth name is to be determined is of legal age, the personal attendance of the following persons is required

  • the child, and
  • the parents, as well as
  • if applicable, the spouse of the parent giving the name

Which documents have to be brought for a name declaration?

Fully completed and signed declaration:

  • For minors: Application_NameDeclaration_minor
  • For adults: NameDeclaration_adultChild
  • For adults who are to receive the name of a parent’s new spouse: Declaration_Consent_NameUsage_AdultChild
  • Birth or parentage certificates of both parents (unabridged or full)
  • Birth certificate of the child (unabridged or full
  • If applicable: deregistration confirmation of the parents’ last residence in German
  • If applicable: current residence permit of the parents in Namibia
  • Valid passports/ID of both parents (driver’s licenses cannot be accepted); if applicable, additionally the German passport of the German parent issued before the child’s birth
  • For children aged 14 and older: valid passport of the child
  • For married parents: marriage certificate or extract from the family register (unabridged or full)
  • If applicable: proof of paternity acknowledgment (if the parents were not married at the child’s birth)

A paternity acknowledgment under Namibian law can be recognized for the German legal system under the following conditions:

The parents of the child were not married to each other at the time of birth,

The child was born in Namibia,

The father or both parents are named as informants in the certificate,

The child bears the father's family name in the certificate (this is only possible with the father's consent).

If these conditions are met, a formal paternity acknowledgment under German law is not required. If the conditions are not met, the Namibian paternity acknowledgment will not be recognized, and a formal paternity acknowledgment under German law is necessary.

All information on formal paternity acknowledgment under German law can be found here.

  • If applicable, proof of the dissolution of the parents' marriage or previous marriages of the parents (e.g., divorce decree or death certificate):
    If a German citizen is divorced outside of Germany, the divorce must be recognized in a separate procedure in Germany. This also applies if the previous marriage was contracted outside of Germany. Further information on the recognition of divorce can be found here (in German only)
  • Proof of German citizenship

    German citizenship can also exist without the issuance of a certificate of nationality. In most cases, there is no obligation to apply for such a document.

    However, the certificate of nationality is the only documentary proof of German citizenship acquired by descent.

    Further information about the certificate of nationality can be found here. (in German)

    German citizenship can also exist without the issuance of a certificate of nationality. In most cases, there is no obligation to apply for such a document.

    However, the certificate of nationality is the only documentary proof of German citizenship acquired by descent.

    If the certificate of nationality of a parent is presented, proof of one’s own citizenship only requires establishing the relationship through documents (in this case: own birth certificate and the parents’ marriage certificate, if they were married at the time of birth).

    If you wish to apply for your own certificate of nationality, this is possible. Further information about the certificate of nationality can be found here. (in German)

    If the naturalization certificate of your parent is presented, proof of your own citizenship only requires establishing the relationship through documents (in this case: your own birth certificate and the parents’ marriage certificate, if they were married at the time of birth).

    Important: The parent’s naturalization certificate must have been issued before your birth — the relevant date is the issuance date at the bottom of the naturalization certificate.

    If you wish to apply for your own certificate of nationality (which would then serve as your proof of citizenship), this is possible. Further information about the certificate of nationality can be found here. (in German)

    This option is generally possible without problems if you and your parent(s) have already received German passports from the embassy. In individual cases, additional documents may need to be submitted — you will be informed about this by email after applying for the passport.

    This option also illustrates that German citizenship can exist without the issuance of a certificate of nationality and that there is no obligation to apply for such a certificate.

    However, the certificate of nationality is the only documentary proof of German citizenship acquired by descent.

    If you wish to apply for your own certificate of nationality, this is possible. Further information about the certificate of nationality can be found here.

    This option is generally possible without problems if you, your parent(s), and grandparent(s) have already received German passports from the embassy. In individual cases, additional documents may need to be submitted — you will be informed about this by email after applying for the passport.

    This option also illustrates that German citizenship can exist without the issuance of a certificate of nationality and that there is no obligation to apply for such a certificate.

    However, the certificate of nationality is the only documentary proof of German citizenship acquired by descent.

    If you wish to apply for your own certificate of nationality, this is possible. Further information about the certificate of nationality can be found here.

    Please contact the German Embassy directly: Contact Form

  • If applicable, adoption decree
  • If applicable, birth certificates of younger siblings

Additional documents may be requested on a case-by-case basis.

How are the documents to be presented?

All documents must be submitted in their original form. Foreign-language documents (except English and French) must be submitted with a translation into German.

Fees

The fees for the name declaration and related formalities are determined by the applicable law of the federal state in which the responsible registry office is located. For Standesamt I in Berlin, which is responsible for all Germans who have never had a residence in Germany, the fee is €92. The fees for the registry office usually must be transferred to the domestic German bank account of the responsible registry office only after receipt of the name declaration. You will receive a letter with detailed information in due course.

If you submit the application at the Embassy in Windhoek, additional fees apply. An overview of the fees payable at the time of application can be found here.

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