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=S=> BGB 1618 The parent who has the parental custody for an unmarried child alone or jointly with the other parent and his spouse who is not a parent of the child may , by declaration to the registry of births , deaths and marriages , give their family name to the child that they have taken into their joint household . They may also attach this name in front of or after the name of the child at the date of the declaration ; a family name attached earlier in front or after under half-sentence 1 lapses . Giving the name or attaching it in front or after requires the consent of the other parent where he has parental custody jointly with the parent giving the name or the child has his name and , if the child has reached the age of five , also the consent of the child . The family court may substitute the consent of the other parent if the giving of the name or attaching it before or after is necessary for the best interests of the child . The declarations must be notarially certified . Section 1617c applies with the necessary modifications .
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