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Family matters (regarding a child)

Family matters (regarding a child)

Birth registrations/name declarations often require additional verification of Kenyan documents. This document verification process takes approximately six months.

Please note: Children born abroad whose German parent was also born abroad after December 31, 1999, only acquire German citizenship if their birth is registered in Germany within one year of their birth.

Birth registration or name declaration

When a name declaration is submitted, you will receive a name certificate from the German registry office. This certificate is merely proof of the family name of the child.

Alternatively, you can apply for a German birth certificate, which also requires you to submit a name declaration. The German birth certificate has the additional advantage that it is also valid as proof of the child’s first name and parentage for German authorities. If you are planning to stay in Germany for a longer period of time, the German birth certificate may therefore be advantageous.

Information on laws regarding a child’s name

General

The family name listed on the foreign birth certificate is not necessarily binding under German law. In many cases, a name declaration must be submitted.

If the child is already 14 years of age, it must consent to their parents' name declaration.

With married parents

Under German law, the child automatically receives the parents' married name as their birth name if the parents were married at the time of birth and had a common married name. A name declaration is not required, but is possible, for example, to choose foreign naming rights.

If the parents are married and do not have a common married name, they must submit a name declaration so that the child receives a birth name. This applies even if the child has already been registered abroad with a specific name. This name declaration applies to all other children of the parents if German naming law is chosen.

With unmarried parents

A child whose parents are not married at the time of birth usually obtains the mother's surname at birth. If this surname is desired, no further name declaration is required. If the parents want a different surname, the name can be changed by means of a name declaration. The mother can also give the child the surname of the other parent.

Option for parents with foreign citizenship to choose foreign law for their child’s name

If one of the parents has a nationality other than German, the parents may also choose the law of the foreign parent's country of origin for the child's name. The child's birth name is then determined according to the provisions of the law of the foreign parent's country of origin, so that a double name (or any other combination) is possible if foreign law permits this. The name declaration does not extend to other children.

Option to choose a name when birth was in an EU member state

Since January 29, 2013, surnames acquired during a period of habitual residence in an EU country and entered in a civil register there can also be recognized under German law, provided that this does not conflict with the fundamental principles of German naming law. If such a name is chosen for a child, a name declaration must be submitted (Art. 48 EGBGB).

Translation of documents

Most registry offices in Germany do not require translations, at least not for English-language documents. You can clarify the need for translations in advance with the relevant registry office in Germany. The registry office responsible is the one in whose district one parent is or was last registered. If neither parent has ever been registered in Germany, Registry Office I in Berlin is responsible. Please also clarify with the registry office whether the translation can be done by private individuals or by certified translators. The latter can be found in the database of the state justice administrations here.

Required Documents

To apply for a German birth certificate that also includes a name declaration, both parents and children aged 14 and over must appear in person. The following documents are required, either as originals or as copies certified by a German official authority, plus one simple copy of each:

  • Duly completed form. If anything is unclear, such as the options for declaring the name, please leave the relevant fields blank.
  • Kenyan/foreign birth certificate of the child
  • Marriage certificate or acknowledgment of paternity + declaration of consent from the parents
  • Birth certificates of the parents
  • Passports of the parents and valid residence permit for Kenya for non-Kenyan parents (visa, dependent's passport, foreigner's card)
  • If applicable, foreign naturalization certificate with retention permit (“Beibehaltungsgenehmigung”) of parents
  • If applicable, German naturalization certificate of the German parent
  • If applicable, divorce decree or death certificate of parents
  • If applicable, proof of sole custody

Fees

At the embassy: EUR 60.00 - 85.00 if a name declaration is required, plus EUR 26.00 for the certification of copies, payable in the equivalent amount in KES. Fees can be paid in cash or with Mastercard/Visa credit cards (not debit cards). Payments via M-Pesa are not possible. Due to occasional system failures, cash payments are preferred.

After registering the birth, the registry office in Germany will charge you additional fees of approximately EUR 160.00, which must be paid directly to the registry office upon request.

Appointment

Please book a first-time-passport appointment if you would like to apply for a passport together with the birth notification, otherwise please book a passport and consular appointment here.

Required Documents

To submit a name declaration, both parents and children aged 14 and over must appear in person. The following documents are required, either as originals or as copies certified by a German official authority, plus one simple copy of each:

  • Duly completed form. If anything is unclear, such as the options for declaring the name, please leave the relevant fields blank
  • Kenyan/foreign birth certificate of the child
  • Marriage certificate or acknowledgment of paternity + declaration of consent from the parents
  • Birth certificates of the parents
  • Passports of the parents and valid residence permit for Kenya for non-Kenyan parents (visa, dependent's passport, foreigner's card)
  • If applicable, foreign naturalization certificate with retention permit (“Beibehaltungsgenehmigung”) of parents
  • If applicable, German naturalization certificate of the German parent
  • If applicable, divorce decree or death certificate of parents
  • If applicable, proof of sole custody

Note regarding children over the age of 14

If the name change is intended for children who have reached the age of 14, they must give their consent.

Fees

At the embassy: EUR 60.00 - 85.00 if a name declaration is required, plus EUR 26.00 for the certification of copies, payable in the equivalent amount in KES. Fees can be paid in cash or with Mastercard/Visa credit cards (not debit cards). Payments via M-Pesa are not possible. Due to occasional system failures, cash payments are preferred.

After registering the birth, the registry office in Germany will charge you additional fees of approximately EUR 160.00, which must be paid directly to the registry office upon request.

Appointment

Please book a first-time-passport appointment if you would like to apply for a passport together with the birth notification, otherwise please book a passport and consular appointment here.

If the parents were married at the time of birth but did not take a married name, the child does not have a surname under German law. A name can still be determined for the purposes of German law by means of a name declaration.

Children of legal age can only choose the family name of their mother or father as their birth name. A double-barrelled name combining both parents' surnames is no longer possible, as this requires a choice of foreign law, which can only be made while the child is still a minor.

Required Documents

To submit a name declaration the adult child needs to appear in person. The following documents are required, either as originals or as copies certified by a German official authority, plus one simple copy of each:

  • Duly completed form. If anything is unclear, such as the options for declaring the name, please leave the relevant fields blank
  • Birth certificate of the child
  • Marriage certificate or acknowledgment of paternity + declaration of consent from the parents
  • Birth certificates of the parents
  • Passports of the parents
  • If applicable, foreign naturalization certificate with retention permit (“Beibehaltungsgenehmigung”) of parents
  • If applicable, German naturalization certificate of the German parent
  • If applicable, divorce decree or death certificate of parents

Fees

At the embassy: EUR 60.00 - 85.00 if a name declaration is required, plus EUR 26.00 for the certification of copies, payable in the equivalent amount in KES. Fees can be paid in cash or with Mastercard/Visa credit cards (not debit cards). Payments via M-Pesa are not possible. Due to occasional system failures, cash payments are preferred.

After registering the birth, the registry office in Germany will charge you additional fees of approximately EUR 160.00, which must be paid directly to the registry office upon request.

Appointment

Please book a first-time-passport appointment if you would like to apply for a passport together with the birth notification, otherwise please book a passport and consular appointment here.

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