Illegitimate Child: What Family Name Will The Child Have?

Family Name For Parents Without Joint Custody

If you and your partner are not married, only the mother is entitled to custody. Therefore, the illegitimate child receives the surname of the mother.

However, you can obtain joint custody by making a custody declaration. This must be notarized and can be submitted, for example, to the youth welfare office or a notary. If you plan to make a custody declaration, you can make it before the birth. Within three months after the birth, the family name of your child can be determined. If the child is at least 5 years old, he or she must also agree.

If you marry after the birth of the child and take a common surname, your child will also get this surname. You both kept your old surname after the wedding? Then you have 3 months to decide whether the child should keep the mother’s name or take the father’s surname.

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Since 2013, custody can be awarded to fathers without the mother’s consent. In this case, a court will examine whether joint parental care is in the best interests of the child or not.

Family Name For Parents With Joint Custody

If you and your partner have joint parental care of the child at the time of birth, you can decide together which name your child should receive. If you are not yet married or if you kept your respective surnames when you got married, your child cannot take on a double name from the two surnames. This means that you must decide on a surname.

If you cannot agree, the family court will assign the decision to one of the two parents. Also in this case a compound double name from both surnames is not possible.

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In Case Of Sole Custody

If one parent has sole custody, the child will be given that parent’s surname. However, you can also decide by mutual agreement for the name of the other parent. As with parents without custody, if your child is older than 5 years, he or she must agree to the name change.

Name Change After Birth

A subsequent change of the family name according to the regulations of the code, is not provided and therefore only possible in exceptional cases.
The legal basis in this case is paragraph 3 of the law on changing surnames and given names.

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