(1) Where the parents designate a family name or a name for the life partnership after the child has reached the age of five, the family name or name for the life partnership is also the birth name of the child only if the child agrees with the naming. A child with limited capacity to contract that has reached the age of fourteen may make the declaration only without a representative; the approval of its legal representative is necessary for this. The declaration is to be made to the registry of births, deaths and marriages; it must be publicly certified.
(2) Subsection (1) applies accordingly
1. if the family name or name for the life partnership, which has become the birth name of a child, is changed or
2. if, in the cases governed by sections 1617, 1617a and 1617b, the family name of a parent, which has become the birth name of a child, is changed in a different way than through marriage or entering into a life partnership.
(3) A change of the birth name only affects the family name or the life partnership name of the child if the spouse or life partner also agrees with the change of name; subsection (1) sentence 3 applies accordingly.