Court: Girl Allowed to Take New Husband's Last Name from Mother - German Court Allows Girl to Take Stepfather’s Last Name Over Father’s Objections
A German court has ruled that an almost eight-year-old girl can take her mother’s new husband’s surname, despite objections from her biological father. The decision follows a legal dispute over the child’s name change, with judges prioritising her best interests above the father’s refusal to consent.
The child was originally given a double-barrelled surname combining her mother’s and biological father’s names at birth. Since then, she has lived solely with her mother, who later remarried. When the mother sought to change her daughter’s surname to match her new husband’s, the biological father refused permission.
The family court approved the name change, overriding the father’s lack of consent. The Higher Regional Court later upheld this decision, ruling that the family court could replace the father’s refusal if the change served the child’s welfare. The judges noted that the biological father had limited contact with his daughter and that multiple protection orders had been issued against him due to violence. The court also considered that the child’s surname would become more significant as she grew older. It applied a newer, more flexible legal framework for naming disputes, which came into effect after the original application was filed. The ruling is now final, with no further appeals allowed.
The decision means the girl will legally adopt her stepfather’s surname. The court’s reasoning centred on her well-being and the father’s minimal role in her life. The case sets a precedent for similar disputes under the updated naming laws.
