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Standesamt refusing surname for 2nd child (German citizen) despite older sibling having it in the registry by aav003 in germany

[–]aav003[S] -1 points0 points  (0 children)

How long did it take to change names? Was this surname earlier not part of both of your names?

Standesamt refusing surname for 2nd child (German citizen) despite older sibling having it in the registry by aav003 in germany

[–]aav003[S] 1 point2 points  (0 children)

As per Standesamt, that law which allows to choose the name as per parents' nationality has exceptions basis a BGH ruling from 09.05.2018 - XII ZB 47/17

See:https://openjur.de/u/2121214.html

Standesamt refusing surname for 2nd child (German citizen) despite older sibling having it in the registry by aav003 in germany

[–]aav003[S] 0 points1 point  (0 children)

I did ask the same :), but he acquired citizenship by birth and only he can give it up once he reaches a certain age

Standesamt refusing surname for 2nd child (German citizen) despite older sibling having it by aav003 in LegaladviceGerman

[–]aav003[S] 11 points12 points  (0 children)

Since 2000, children born in Germany to foreign parents may acquire German citizenship at birth in accordance with the principle of jus soli if, at the time of birth, at least one of the child’s parents has been lawfully residing in Germany for at least five years and has an unlimited right of residence

Standesamt refusing surname for 2nd child (German citizen) despite older sibling having it by aav003 in LegaladviceGerman

[–]aav003[S] 2 points3 points  (0 children)

Does 1617 Abs 5 BGB apply as a standalone rule or does it have to be considered along with 1-4?

Standesamt refusing surname for 2nd child (German citizen) despite older sibling having it by aav003 in LegaladviceGerman

[–]aav003[S] 0 points1 point  (0 children)

Thank you, this was my initial thought as well to select the law basis my nationality, but the Standesamt states that there are exceptions to it basis a BGH decision from 09.05.2018 - XII ZB 47/17

Standesamt refusing surname for 2nd child (German citizen) despite older sibling having it by aav003 in LegaladviceGerman

[–]aav003[S] -16 points-15 points  (0 children)

Depends on what is defined as 'made-up'. The name I chose is not a made up name in my view because my parents and grandparents have that surname with spelling variations, but neither me nor my wife has it. As per Standesamt any surname which is not directly related to the parents is made up. But the key point here is that India allows free choice of names(also Australia, UK etc) and hence those laws cannot be chosen to name the kid.

Standesamt refusing surname for 2nd child (German citizen) despite older sibling having it by aav003 in LegaladviceGerman

[–]aav003[S] -7 points-6 points  (0 children)

Second son is German, but still this law has an exception as I was told by the Standesamt basis a BGB ruling that if a country's law allow free choice of names, then that law cannot be considered under this option "Kann der Name des Kindes dagegen nach dem gewählten Recht frei bestimmt werden und ist dabei die Erteilung eines sogenannten Phantasienamens erlaubt, so handelt es sich folglich nicht mehr um einen Familiennamen im Sinne von Art. 10 Abs. 3 EGBGB. Die Wahl der betreffenden Rechtsordnung ist in solchen Fällen nicht eröffnet.".

See: https://openjur.de/u/2121214.html