Naming rights - What name will receive the in-laws Children?

Good day everyone!

Mrs Müller has never been married, has children (including all small Müller). Now Mrs Müller marries Mr Schmid (NOT child's father). She then states Müller-Schmid or Schmid. Stay little Müller Müller, even if the woman takes the man's name?

Thank you for your answer!

The best answer

Hello, this should be put in perspective some times. All the contributions are marked by half-truths and false statements, which are due to little knowledge or ignorance.

1. Marry two people in which one spouse is not a parent of existing children, so a married name determination on these children has no immediate effect. So marrying Mrs Müller and Mr Schmidt and determine as married name Schmid, the small Müller first small Müller remain. The woman Müller, in the married name determining further explain that your birth name preceded by the married name (Müller-Schmid) or attached (Schmidt-Müller) is. then only leads the double name. Common Children and the husband called Schmid.

The other kids (the little Müller) can the married name Schmid obtained when the conditions of § 1618 BGB (so-called. Einbenennung) are met.

Only here, the question arises whether the child's father together with the parent who has custody, or only the mother. In joint custody of the child father of Einbenennung must agree.

2. This legal name process an adoption has simply nothing to look for, because these other legal consequences would trigger that would be contrary to the mere will of the same name in the new marriage.

So I can only speak from experience. Because I was times as a kid :-)

For me it was so that my mother married my stepfather and whose name adopted. I was more like before.

There were two options for the same surname situation:

1. My Siefvater adopted me (biological father but must agree) or

2. The child makes an application for change of name (in minority need both parents to agree!)

My biological father was only for eternal back-and forth agree and thus I was able to make an application for change of name.

The woman would Schmid-Müller, Schmid or Müller hot. The children keep actually continued Müller, except a name change is requested and wanted accordingly.

Illegitimate children Illegitimate children get under Austrian law with the surname of the mother, that is the family name, the mother takes the time of birth of the child. If you want your child born out of wedlock should lead the family name of the Father, there is the possibility of Identification at birth certification before the registrar. Might in Germany not be otherwise.

It would be a "name" and that is quite possible also WITHOUT an adoption!

If the child even themselves express a desire to work out a naming also with the support of the Family Court, if the 2nd parent consent absolutely refused.

Ah I read just that it previously was no marriage of the mother and the kids wear the maiden name of the mother, then should not be a problem, a naming a common family name!

Please just ask again at the registry office or the Family Court.

All the best

The last name of the woman has nothing to do with the last name of children.

If she is saying Schmidt, then stop only Schmidt. If she wants to then stop Müller Müller. If she wants the double name then stop the double name.

But the childless spouse may just change his last name, so not much "confusion" is.

There are but leaving the possibility alter the names of the children but only with the permission of / the children's father.

Thus it is not released from his alimony. The still remains. Equally well etc visitation rights ......


I swear to you that I have just thought of you. I know you from earlier and was wondering if you're still here at all. And now I stumble across your question :)))

Yes, the children all remain small Müller, no matter how her mother is now.

Mr. Schmidt could adopt the children with the consent of the natural father / fathers, the children get its name.

I do not know if that simply works with the name change, it should be but if the children wear all the surname of the mother.

Yes, unless Mr. Schmid adopted children, why does he need the consent of the child father

Yes ... the children are still called Müller, which has nothing to do with marriage.

If the children are adopted, they take the name of the new father.

The father can also take the family name of the children, a lot easier.

If the children are to take the man's name, you need written consent of the children.

It can also assume all the Birth Name of Mother, then you can be making a name approximation also with the children, this can be done without consent.

LG Pummelweib :-)

The name that has a child, it remains only times: Kevin Müller is still Kevin Müller, even if the mother does not take a double name after the wedding and just say Christa Schmid.

However, it is also possible to make a name change.

Yes, unless Mr. Schmid adopted the Müller-children and parents take a name change before.

I have such a "case" among my friends. As the children continue to carry the name of the mother, who had never married and married a man who is not the father. He (my friend) once said that he would adopt the children so that they would just as he called. But what does not for the time being is at stake.

Date: 2012-01-01 Views: 1

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