Notarisation (§ 59 SGB VIII)

According to the German Civil Code (BGB), the father of a child is the man who is married to the mother at the time of the birth, who has recognised paternity or whose paternity has been established by a court.

The father of a child not born in wedlock can recognise paternity at the registry office or at the Youth Welfare Office (Youth and Family Department). This is also possible during the mother's pregnancy.

The mother must consent to the acknowledgement of paternity.

If paternity is recognised by a minor, the consent of their legal representatives is required.

Documents required for notarisation:

• Identity cards or passport
• Birth certificate of the child (if already notarised)
• If applicable, the marriage certificate and final divorce decree of the child's mother
• If applicable, proof that the divorce application was already pending at the local court before the birth of the child if the (expectant) mother is still married

Acknowledgements of paternity can also be registered at the registry office.

The mother's consent is required for an effective acknowledgement of paternity. Although a man could recognise the paternity of the child against the mother's will, this declaration would have no legal effect.

There is no deadline for submitting the declaration of consent. It is advisable to submit it at the same time or as soon as possible after the acknowledgement of paternity. If the mother's consent has not been notarised one year after the acknowledgement of paternity, the man can revoke his acknowledgement.

In special cases, for example if the mother is still a minor, the consent of the legal representatives and the child is also required. In the case of a child under the age of 14, this consent is given by the guardian or, before birth, by the legal guardian.

Documents required for notarisation:

• valid identity card or passport
• Notarised copy of the acknowledgement of paternity
• Birth certificate of the child (if already notarised)
• If applicable, the marriage certificate and final divorce decree of the child's mother
• If applicable, proof that the divorce application was already pending at the local court before the birth of the child if the (expectant) mother is still married

If the mother is married at the time of the birth and the divorce proceedings are already pending before the court, the husband must also agree to the acknowledgement of paternity in order for it to be legally valid.

Documents required for notarisation:

• valid identity card or passport
• Notarised copy of the acknowledgement of paternity and declaration of consent

The prerequisite for submitting a declaration of custody is that the child is a child whose parents were not married to each other at birth.

The child must be under the sole care of the mother at the time the declaration of custody is made, i.e. it must still be a minor and no court decision on parental custody must have been made.

Even if the parents are not required to live together when declaring custody, joint custody also means joint obligations. A declaration of custody only makes sense if both parents genuinely endeavour to look after the child together.

If there is a dispute about custody at a later date, the family court will decide at the request of one of the two parents.

Documents required for notarisation:

• valid identity card or passport
• Birth certificate of the child (if already notarised)
• Notarised copy of the acknowledgement of paternity and declaration of consent

Recognition of the maintenance claim is an obligation to pay monthly maintenance for a child by the person liable for maintenance in a precisely defined, determinable amount.

A child entitled to maintenance can demand that the maintenance claim be enforceable. This also applies if the debtor pays the maintenance regularly, punctually and in full. A maintenance certificate is intended to give the child certainty that the maintenance stipulated in the certificate will actually be paid.

Documents required for notarisation:

• valid identity card or passport
• Document on the amount of maintenance to be set (issued by the other parent, the opposing lawyer, the youth welfare office or another authority)
• If applicable, the previous maintenance determination (youth welfare office certificate, court determination)