Spouses may choose how to use their names.

The following options for choosing a surname may be considered, provided that the spouses are subject to German civil service law:

• Choosing a married name (even after the marriage)
• Adoption of a combined surname (prefixed or appended)
• Re-adoption of the maiden name

The relevant declaration must be submitted to the registry office. The declaration must be made in person.

Furthermore, the person making the declaration must have full legal capacity; for persons with limited legal capacity, the provisions of § 106 of the German Civil Code (BGB) apply, and for persons under guardianship, §§ 119 et seq. of the BGB apply.

Declarations made after marriage always require official certification.

In Germany, notaries and any civil registrar appointed in Germany are authorized to certify such declarations. For declarations made abroad, the certification and authentication authority of German consular officials must be observed.

Declarations regarding the use of a name are declarations of intent that must be officially received and take effect only after they have been received by the competent German registry office.

If there is no German marriage registration for the marriage, the civil registry office in whose jurisdiction one of the parties making the declaration resides, or last resided, or has their habitual residence is responsible for receiving a declaration regarding the use of a name in the marriage. If such a domestic connection exists, this jurisdiction applies when the marriage was solemnized abroad and has not yet been retroactively registered in a German marriage register. If no such domestic connection exists—in the form of a domicile or habitual residence in Germany—then Registry Office I in Berlin has jurisdiction.

In Germany, notaries and civil registrars appointed in Germany are authorized to certify such declarations. For declarations made abroad, the certification and notarization authority of German consular officials must be observed.