Name law in adoption - What the Federal Constitutional Court has decided on the adoption of adults

What actually happens to the name when an adult is adopted?

This question may seem exotic at first glance, but it affects more people than you might think - for example in patchwork families or with long-term social ties outside of biological parenthood. A recent decision by the Federal Constitutional Court (decision of 24 October 2024 - 1 BvL 10/20) now brings clarity - and also marks the end of a legal transition phase.

What exactly was it about?

At the centre of the case was a so-called "weak adult adoption": a woman wanted to be adopted as an adult by her deceased father's former partner. The family court ruled in favour of the adoption, but rejected the wish to keep the previous name. Instead, only a double name with the adoptive mother's name was permitted.

The victim fought back - all the way to the Federal Court of Justice, which referred the case to the Federal Constitutional Court for review.

What did the Federal Constitutional Court decide?

The BVerfG ruled by a narrow majority (5:3 votes): The previous legal regulation was still constitutional - although it did not provide for the possibility of continuing with the previous maiden name alone. The interference with personal rights was justified by the aim of creating a legally visible family unit. The court referred to the option of at least being able to have a double name if there are serious reasons to do so.

Three judges took a different view: they considered the obligation to change names at the time to be disproportionate and emphasised that the individual identity of an adult's name was particularly worthy of protection.

What applies now?

The naming law has been reformed since 1 May 2025: Anyone who is adopted as an adult, must no longer automatically accept the name of the acceptor. There is a Possibility of objection - the continuation of the previous name or the choice of a double name is now possible without further justification.

What does this mean for those affected?

A transitional rule applies to all those who were adopted before 1 May 2025: they can subsequently adopt the name they had before the adoption or choose a double name - and only have to declare this to the registry office. It is therefore not necessary to obtain a new court decision.

Our conclusion:

With the reform, the legislator has reacted to social reality: Today, names are less a symbol of authority than of identity. Especially for adults, the choice of surname should remain an expression of one's own history.