Recognition of paternity; notarization

The legal effects of paternity with respect to a “child born out of wedlock” can only be asserted once paternity has been validly acknowledged or legally established by a court.

The vast majority of paternity determinations are based on voluntary acknowledgment. This acknowledgment must be declared before the Youth Welfare Office, the local court, the registrar, the court handling the paternity determination proceedings, or a notary public, and must be publicly certified. Abroad, the competent consular official takes the place of the notary public. While a paternity determination proceeding involving another man is pending, a voluntary acknowledgment of paternity is effective only if recorded by the court handling the case and accompanied by a paternity report. The acknowledgment must not be subject to any condition or time limit. It is permissible even before the child’s birth.

For the acknowledgment to take effect, both the child and the child’s mother must consent to it. If the mother has parental custody of the child, the consent of the legal representative is deemed to have been given if the mother has consented to the acknowledgment. If the mother does not have parental custody of the child—for example, because she is a minor—the child is represented in this matter by the Youth Welfare Office as the official guardian (of course, the minor mother requires the consent of her legal representatives—typically her parents—to give her own consent). Consent to the acknowledgment of paternity must also be notarized.

In addition, if there is a so-called “discrepancy in residence status” between the mother and the person acknowledging paternity, the Immigration Office must generally approve the acknowledgment of paternity. Consent is not required only if the person acknowledging paternity is the biological father of the child or of another child of the mother, or if he married the mother after the birth, or has been living with her for a long time at a shared primary residence. A discrepancy in residence status exists, for example, when one of the parties holds German citizenship and the other holds a residence permit or a temporary stay permit.

If the man is not willing to voluntarily acknowledge paternity, the child or the mother may file a petition for a determination of paternity (however, the man may also file such a petition, for example, if he believes the mother is wrongfully refusing to consent to his declaration of acknowledgment).

The family court decides on the petition for determination of paternity in a paternity proceeding. As a general rule, a genetic paternity test is obtained. If the test establishes a sufficiently high probability of paternity, the court determines that the man in question is the child’s father.

In addition to the petition for a declaration of paternity, the child may file a petition for child support if the child is a minor. The local court’s family division may order the man to pay child support in the amount of the minimum support retroactively from the date of birth; this claim becomes effective once the man’s paternity has been legally established or he has validly acknowledged paternity. This is intended to ensure that the child obtains a child support order as quickly as possible. Upon request, the court may, under certain circumstances, also issue a temporary order requiring the man to pay child support even before the paternity determination becomes final. If it is disputed whether the father can pay less or more than the minimum child support, this must be decided in follow-up proceedings.

Both during the preparation of a voluntary acknowledgment of paternity and in paternity proceedings, the child may be legally represented by the Youth Welfare Office as a guardian ad litem.

Jurisdiction for certification:

Youth Welfare Office, local court, court handling the paternity determination proceedings, registry office, notary; abroad, the competent German consular official.

Jurisdiction for proceedings in matters of descent:

Local court—Family Court.

• § 1594 ff. German Civil Code (BGB)
• § Section 59 Eighth Book of the Social Code (SGB VIII)
• Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG)
• § 85a et seq. of the Residence Act (AufenthG)

• Acknowledgment of Paternity; Requesting Approval from the Immigration Office