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=S=> BGB 1617b. 1 If joint parental custody begins only when the child already has a name , the name of the child may be newly designated within three months after the beginning of the joint parental custody . If one parent , at the date when the joint parental custody begins , does not have his habitual residence on domestic territory , the period does not end before the end of a one-month period after his return to domestic territory . Where the child has reached the age of five , the designation is effective only if the child agrees with the designation . Section 1617 ( 1 ) and section 1617c ( 1 ) sentences 2 and 3 and ( 3 ) apply with the necessary modifications .
=S=> BGB 1617b. 2 Where it is finally and non-appealably established that a man whose family name has become the birth name of the child is not the father of the child , the child , on its application or , if the child has not yet reached the age of five , also on the application of the man , receives as birth name the name that the mother has at the date of the birth of the child . The application is made by declaration to the registry of births , deaths and marriages , which must be notarially certified . The application of the child is governed by section 1617c ( 1 ) sentences 2 and 3 with the necessary modifications .
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