acknowledgement of paternity

A declaration recognising paternity of a child, as well as the mother's declaration of consent, can be certified in any registry office, at youth welfare offices and before notaries. Effective recognition of paternity can take place if there is no paternity of another man to that child. The recognition of paternity and the mother's declaration of consent are certified in public form. Recognition of paternity is already possible before the birth of the child. Under German law, the woman who gave birth to the child is the mother of the child. In principle, recognition of maternity is not required. If a recognition of maternity or a declaration of consent from a legal representative is required, these must also be notarized by a registry office, by the youth welfare office, or by notaries. If foreign homeland law requires the mother or father to be recognized as a mother, it can also be publicly certified. The same rules apply as for the recognition of paternity.

Proof of identity (e.B. identity card, passport, Id Card)


at the registry office

Preconditions
Recognition and approval must be publicly certified. The recognition of paternity can be handed in at any stadesamt, youth welfare offices and notaries. Recognition does not require receipt and does not require receipt by a specific registry office or other authority in order to be effective. The prohibition of abusive recognition of paternity according to § 1597a. BGB (German Civil Code) applies. Recognition of paternity of a child is not effective as long as the paternity of another man exists (blocking effect). An acknowledgement under condition or time determination is ineffective. There must be no effective revocation by the acknowledger. Recognition requires the consent of the mother. Recognition also requires the consent of the child if the mother is not entitled to parental authority in this respect. The effectiveness of the declaration of recognition of paternity does not depend on the actual ancestry relationships; (legal) paternity arises solely through the effective submission of the declarations of recognition and all necessary declarations of consent. The recognition of paternity can also be given before the birth of the child. Anyone who is limited in legal capacity can only recognize himself, but requires the consent of the legal representative. For incapacitated, the legal representative may recognize with the permission of the family court; if the legal representative is a supervisor, the approval of the care court is required. The same rules apply to the mother's consent. For an incapacitated child, or a child who is not yet 14 years old, only the legal representative can agree to the recognition. Acknowledgements or consents cannot be declared by an authorised person.
§ 44 Civil Status Act (PStG) §1594 to §1598 BGB , § 1599 BGB

The recognition of paternity and also the declarations of consent can be submitted in any stadesamt, at youth welfare offices and notaries. The appreciative man declares to be the father of the child. The registrar must examine the declaration of recognition in order to prevent ineffective recognition as far as possible. In particular, tested: The identity of the acknowledger, the mother and the child The legal capacity of the parties involved Any previous status determinations The registrar clarifies the consequences of the name law. Recognition is publicly certified

Responsible for the content
Lower Saxony Ministry of the Interior and Sport

Last update or date of publication
23.11.2020