Recognition of paternity
Service description
A declaration acknowledging paternity of a child, together with the mother’s declaration of consent, may be recorded at any registry office, youth welfare office or notary’s office. Valid acknowledgement of paternity may take place provided that no other man is recognised as the father of the child. The acknowledgement of paternity and the mother’s declaration of consent are recorded in a public register.
It is possible to acknowledge paternity even before the child is born.
Under German law, the woman who gave birth to the child is the child’s mother. Recognition of maternity is not generally required. Where recognition of maternity or a declaration of consent from a legal representative is required, these must also be certified by a registry office, the youth welfare office or a notary’s office.
If the foreign nationality law of the mother or father requires the acknowledgement of maternity, this may also be recorded in a public register. The same rules apply as for the acknowledgement of paternity.
Procedure
Acknowledgement of paternity and declarations of consent can be submitted at any local registry office, youth welfare office or notary’s office.
- The man who acknowledges paternity declares himself to be the child’s father.
- The registrar must check the declaration of recognition in order to prevent invalid recognitions as far as possible.
In particular, the following will be examined:
- The identity of the person recognising the child, the mother and the child
- The legal capacity of the parties involved
- Any previous determinations of status
- The registrar explains the legal implications regarding the use of names.
- The recognition is recorded in a public document
Who should I contact?
- Child and Youth Services
- Notaries
- Registry offices
Prerequisites
- The acknowledgement and consent must be recorded in a public document.
- A declaration of paternity can be submitted at any local registry office, youth welfare office or notary’s office.
- The acknowledgement does not require acknowledgement of receipt and does not need to be accepted by a specific registry office or any other authority in order to be valid.
- The prohibition on the abusive acknowledgement of paternity pursuant to Section 1597a of the German Civil Code (BGB) applies.
- An acknowledgement of paternity in respect of a child is not valid as long as another man is recognised as the child’s father (preclusion).
- An acknowledgement subject to conditions or a time limit is invalid.
- There must be no valid revocation by the person making the acknowledgement.
- Recognition requires the mother’s consent.
- Recognition also requires the child’s consent if the mother does not have parental responsibility in this regard.
- The validity of a declaration of acknowledgement of paternity does not depend on the actual facts of parentage; (legal) paternity arises solely through the valid submission of the declaration of acknowledgement and all necessary declarations of consent. Acknowledgement of paternity may also be made before the child is born.
- A person with limited legal capacity may only acknowledge a claim themselves, but requires the consent of their legal representative. In the case of a person lacking legal capacity, the legal representative may acknowledge the claim with the approval of the family court; if the legal representative is a guardian, the approval of the guardianship court is required.
- The same rules apply to the mother’s consent.
- In the case of a child who lacks legal capacity, or a child who is under 14 years of age, only the child’s legal representative may consent to the recognition.
- Acknowledgements or consents cannot be made by an authorised representative.
Which documents are required?
Proof of identity (e.g. identity card, passport, ID card)
What fees are incurred?
The acknowledgement of paternity and the declarations of consent are free of charge.
Where applicable, 30 EUR for the sworn statement of an interpreter.
What deadlines do I have to observe?
A declaration of recognition may be made at any time, including before the child’s birth (prenatal recognition), after the child’s death (post-mortem recognition) and in the case of stillborn children.
Processing time
- On a case-by-case basis
Legal basis
Legal remedy
- Contradiction
- Challenge
- Determination procedure