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=S=> BGB 1617. 1 If the parents have no family name and if they have joint parental custody , then , by declaration to the registry of births , deaths and marriages , they designate the name that the father or the mother has at the time of the declaration as the birth name of the child . A declaration made after the recording of the birth must be notarially certified . The designation made by the parents also applies for their further children .
=S=> BGB 1617. 2 If , within one month after the birth of the child , the parents make no designation , the family court transfers the right of designation to one parent . Subsection ( 1 ) applies with the necessary modifications . The court may impose a period of time on the parent for the exercise of the right of designation . If , after the period has ended , the right of designation has not been exercised , the child receives the name of the parent to whom the right of designation was transferred .
=S=> BGB 1617. 3 Where a child is not born on domestic territory , the court transfers to one parent the right of designation under subsection ( 2 ) only if a parent or the child applied for this or the entry of the name of the child in a German registry of civil status or in an official German identity document is necessary .
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