Acknowledgment of Paternity; Requesting Approval from the Immigration Office

In cases where there is a discrepancy in the parents’ immigration status, the acknowledgment of paternity is subject to the approval of the Immigration Office. This means that the Immigration Office must approve the acknowledgment of paternity. If the required approval is not granted, the acknowledgment of paternity remains invalid.

A disparity in residency rights exists when one parent has a secure right of residence and the other parent has only an insecure right of residence.

The following are considered guaranteed rights of residence in this sense:

• German citizenship
• Citizenship of an EU member state, provided the individual is entitled to freedom of movement
• Citizenship of an EEA country, provided the individual is entitled to freedom of movement
• Residence Permit for Swiss Citizens or Their Family Members
• Right of Permanent Residence for Family Members of EU Citizens
• Right of Permanent Residence for Family Members of EEA Countries
• Residence Permits
• EU Long-Term Residence Permit
• Right of Residence under the EEC-Turkey Association Agreement
• Persons who hold a right of residence as specified in § 16 of the Freedom of Movement Act (EU) pursuant to the EU-United Kingdom Withdrawal Agreement.

The following are considered to be an unsecured right of residence in this sense:

• Residence Permit
• Existing obligation to leave the country, except for holders of a temporary residence permit for employment purposes under Section 60d of the Residence Act (AufenthG)
• Schengen Visa
• Individuals who have not yet entered Germany and do not have a residence permit or hold only a Schengen visa

If one parent holds a temporary residence permit, there is no discrepancy in residence status . In that case, approval from the immigration authorities is not required.

Exceptions to the Requirement for Consent

Despite differences in residency status, the Foreigners’ Registration Office is not required to grant approval if:

• the father is verifiably the biological father,
• the father is the biological father of the mother's other children,
• the father is already the legally recognized father of another child of the mother,
• The father and mother married each other after the child’s birth, and the marriage is recorded in a German marriage registry at the time of the declaration of acknowledgment, or
• The father and mother must have been listed in a German registry of residents as having a common primary residence for at least 14 months, and they must have been living together at that primary residence for 14 months.

In these cases, the acknowledgment of paternity is valid even without the consent of the immigration authorities.

Responsibility

The immigration office that generally has jurisdiction over the individual in question—whose right to stay is not secure—is responsible.

This is either the local immigration office of the city or the district administration office, or the Central Immigration Office of the administrative district.

If the parent with an unsecured right of residence is abroad, the local immigration office in the place of residence of the party living in Germany has jurisdiction.

If both parents are abroad, the German diplomatic mission abroad has jurisdiction.

The Immigration Office will grant approval if the acknowledgment of paternity is not made in bad faith.

Acknowledgment of paternity is considered abusive if it is made specifically for the purpose of creating the legal conditions necessary for the lawful entry or residence of the child, the mother, or the person acknowledging paternity.

There is no deadline for parents to apply for consent. However, unless the required consent is granted, the acknowledgment of paternity is not valid.

There may be some expenses involved.

• Section 85a of the Residence Act (AufenthG)
• Section 85b of the Residence Act (AufenthG)
• Section 85c of the Residence Act (AufenthG)
• Section 85d of the Residence Act (AufenthG)
• § 1598(1), second sentence, of the German Civil Code (BGB)

An administrative lawsuit may be filed against the decision of the Immigration Office.

Both parents must file a joint application with the appropriate immigration office. The immigration office will then determine whether the recognition is being used improperly.

The processing period for the Immigration Office is 4 months. After that, approval is deemed to have been granted unless it has been denied. This period may be extended by the Immigration Office in the event of non-cooperation or insufficient cooperation on the part of the parties involved.

• Recognition of paternity; notarization