Change of Name
As regards to right of name, Austrian citizens are subject, exclusively, to Austrian legislation. Citizens with dual nationality often haven, consequently, two different surnames due to diverging legislation.
An Austrian woman automatically gains her husband's surname, if not stipulated otherwise before their marriage.
An Austrian citizen's Christian name and surname can only be changed by official letter from a competent Austrian authority, even if he/she has dual nationality. As a rule, authorisations issued by foreign authorities taking on different names are not legally binding within Austria or in an Austrian Embassy.
Legel grounds for changing names:
Christian names (forenames) and surnames may only be justifiably changed for reasons due to adversary; specifically stipulated in the legislation.
All documents, e.g. birth-, marriage certificates, divorce-degrees , issued by the US, must be authenticated, after the Hague Convention, by an Apostille, issued by the Secretary of State.
Required documents:
- completed application form
- birth certificate (if applicable with Apostille, see above)
- marriage certificate (if applicable with Apostille, see above)
- final judgement(s) on divorce (if applicable), incl. an official divorce acknowledgement (if applicable with Apostille, see above)
- nationality certificate
- official identification card or passport
- proof of academic degree(s) if applicable
Adopted name if married before 1 May 1995
Permission to adopt double-barrelled names or to readopt former/maiden surnames can be applied for, if the marriage was completed before 1 May 1995, by providing an official certificate or an officially recognized document.
Required documents:
- completed application form (Erklärung gem. § 72a PStG)
- birth certificate (if applicable with Apostille, see above)
- marriage certificate (if applicable with Apostille, see above)
- final judgement(s) on divorce (if applicable) incl. an official divorce acknowledgement (if applicable with Apostille, see above)
- nationality certificate
- official identification document or passport
Change of name after divorce (taking on of former family name)
After the divorce, spouses do not automatically regain their former family names. They retain their common married name after the divorce.
If the want to take on their former names they can only do so by providing the following documents:
- a completed application form
- a birth certificate (if applicable with Apostille, see above)
- a marriage certificate (if applicable with Apostille, see above)
- a final judgement(s) on divorce (if applicable with Apostille, see above)
- a proof of citizenship
- an official identification or passport
