Can a spouse work in Dublin

Welcome to the website of the Federal Foreign Office

The naming of German citizens is exclusively subject to German naming law. The name in German law may differ from the name you or your child uses in Irish documents.
Here you will find information on whether you need to make a name declaration and how you can do so.

The name in marriage

If you got married and did not make a name declaration when you got married, which is valid in Germany, your name will not change. For example, if you got married in Ireland, you will continue to keep your maiden name under German naming law.

info

If you would like to have a joint married name or a double name, you must therefore subsequently submit a "declaration of naming in marriage".

This also applies if you are a dual citizen and already have the name you want in your other home country. Please note that a name declaration may also be necessary if a German passport was previously issued in the desired name, but the necessary name declaration was not submitted at the time.

A declaration of married names can be made at any time as long as the marriage exists. The declaration is irrevocable.

Choices:

According to German law, either the family name or the maiden name of one or the other spouse can be determined as the married name. At the same time, a German spouse can put the previously used name (or the maiden name) in front of or after the jointly chosen married name. In this case, the names are connected with a hyphen.

There is also the option of choosing the law in favor of your spouse's foreign home law. You can then use a name as permitted by foreign law. Such a choice of law can be useful if the name you want is not permitted under German law.

Read under point 6 how to submit a name declaration.

A child's name

If a child of German parents is born outside of Germany, the name of the child is not always automatically determined under German law, even if a surname is already noted in the child's foreign birth certificate.

info

The name of a German child can only be determined without further ado if the parents have a common family name. In other cases, a name usually has to be chosen for the child.

Please note that a name declaration may still be necessary if the child was previously given a passport in their name, but a name declaration was neglected at the time.

If you are not married and have had a child, the child will bear the surname of the mother until a name declaration by the guardian, if she is the sole custodian. You can change this with a name declaration in favor of the name of the other parent at the embassy. Both parents must be personally present at the appointment, as their signatures must be certified on the name declaration. If your child is 14 years or older, the child's presence is also required.

According to which legal system is the child's surname judged, what options do you have for choosing a name?

1. German law: If both parents exclusively have German citizenship, the German legal system is automatically decisive for the choice of the child's surname. The parents have the choice whether to use the mother's surname or the father's surname as the child's maiden name. If the children were born within a marriage, this choice of name automatically also applies to all other children together.

2. Foreign law: if one of the parents is Irish, for example, the parents can choose whether they want to use the German or Irish legal system as the basis for choosing their child's maiden name. Choosing foreign law makes sense if your child should have a name that is not possible under German law. The choice of name does not automatically extend to other children.

3. Registration on an Irish (or other European) birth certificate:
Since January 29, 2013, there has been a new legal regulation (Article 48 EGBGB), according to which surnames that were acquired during a habitual residence in an EU member state and entered in a civil status register there are recognized for the German legal area, provided this does not contradict the essential principles of German naming law. If such a name is chosen for a child, a name declaration must be submitted. The name is in no way automatically taken from the foreign birth certificate. As a rule, this can be used to declare the child's surname (also a double name) registered on the Irish birth certificate as the maiden name. A name declaration according to Art. 48 EGBGB does not extend to other children, i.e. a name declaration must be submitted for each child.

What is the process of choosing a family name for your child?

If a name choice is required, you can enter your child's family name as part of a Birth announcement or, if you do not want to apply for a German birth certificate, specify it in a separate name declaration as described below.

Read under point 6 how to submit a name declaration.

The name of an adult child

If you are an adult child of at least one German parent applying for a German passport for the first time and your parents did not have a married name at the time of your birth, you must submit a name declaration. Even if you already had a German passport but failed to give a name declaration at the time, you may have to make up a name declaration.

Please contact the Embassy Dublin by e-mail to clarify whether a name declaration is necessary.

Name after divorce or death of spouse

The dissolution of the marriage through divorce or the death of the spouse does not result in a name change. If a previous family name (maiden name or previous married name) is to be accepted again, a separate name declaration must be submitted.

The German registry office responsible for receiving your name declaration will expect you to first have a divorce that took place abroad recognized in the German legal field. Information on Divorce Recognition

Read under point 6 how to submit a name declaration.

First name sorting

Since November 1, 2018, German citizens can change the order of their first names by means of a publicly certified declaration (so-called first name sorting).

Please note that changing the spelling of first names, adding new first names or leaving out first names Not can be made within the scope of this declaration.

Annotation:

It is your personal decision whether you want to change the order of your first names. After the process of first name sorting has been completed, you can have the sequence of first names in official documents (passport, certificates, etc.) changed; You can, of course, have someone call you regardless of such an explanation, as you like.

The sorting of first names can only be done once and is irrevocable. The declaration only becomes effective when it is received by the responsible registry office. After checking, the registrar issues a certificate of the new name.

Read under point 6 how you can make a declaration.

How do I make a statement?

A name declaration can only be submitted in person to the Dublin Embassy. Please contact the embassy by email at [email protected] to make an appointment. If you would like to apply for a new passport at the same time, you can use the following link make a pass appointment. Please share the Consular Section this appointment in order to submit the name declaration after your passport appointment.

So that the embassy can prepare your name declaration, we ask you to fill out the respective application form, but not to sign it yet, and to email it to the embassy before your appointment.

Please send this together with a set of the necessary documents (see relevant checklist) scanned to the email address given, stating the subject "Name declaration marriage / child" and a telephone number. After completion, an appointment will be made with you.

In general:

1. Both partners / parents must be personally present at the appointment, as your signatures on the name declaration must be certified.

2. Bring all of the documents named in the checklist to the Original plus two simple copies With. The copies will be certified for you at the embassy, ​​the originals will be returned to you directly.

3.      Documents that are not in German or English must be accompanied by a certified German translation be provided; however, the registry office can also request translations of English-language documents in individual cases. Occasionally, apostilles are also requested for foreign documents.

4. The Dublin embassy forwards the declaration and documents to the responsible registry office in Germany, which issues a certificate confirming the use of the new name. The registry office will charge an additional fee for the name certificate.

5. You can find information on data protection law in relation to the processing of your personal data here.

6. The fee for the name declaration is 25 euros. In addition, there is around 10 € for the certification of the copies, which must be made available to the registry office.

7. The processing times for name declarations vary from registry office to registry office. The embassy has no influence on the processing times and cannot predict the duration of the procedure.

8. The declaration only becomes effective when it is received by the responsible registry office, but there it is once again legally checked.