In certain cases, a divorced mother can request the renaming of a common child without the consent of her former partner. This emerges from a decision of the Higher Regional Court (OLG) in Frankfurt am Main.
In the specific case, it is about a girl who, according to her mother's will, should be given the last name of her new husband - whom she also bears, as well as her child from this marriage. The OLG stated that the name change was necessary for the good of the girl.
The father has had no contact with his daughter since 2014, the judges argued. In addition, the girl herself wanted to take her stepfather's name. The burden of the name difference with her mother and half-sister is great in the case.
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The biological father had objected to the renaming of his daughter. In contrast, the woman had initially unsuccessful before the district court.
The current decision, which could have far-reaching consequences, is not yet final. The OLG approved the complaint to the Federal Court of Justice (BGH). Because in a BGH decision from 2005 it had been said that such a name change must endanger the wellbeing of children.
Case number: 1 UF 140/19
