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Book 4 · Family law  ›  Subtitle 1 · Adoption of minors › Section 1765

Name of the child after the cancellation

(1) Upon the cancellation of the adoption, the child loses the right to use the family name of the adoptive parent as its birth name. In the cases governed by section 1754 (1) sentence 1 is not to be applied if the child uses a birth name under section 1757 (1) and the adoption relationship is cancelled in relation to one parent alone. If the birth name has become the family name or life partnership name of the child, the name remains unaffected.

(2) On application by the child, the family court may order, together with the cancellation, that the child retains the family name which it acquired as a result of the adoption, if the child has a legitimate interest in the use of this name. Section 1746 (1) sentences 2 and 3 is to be applied accordingly.

(3) If the name acquired as a result of the adoption has become the family name or life partnership name, the family court, upon the joint application of the spouses or life partners, is to order, together with the cancellation, that the spouses or life partners use as their family name or life partnership name the birth name which the child used before the adoption.

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