Recognition of paternity

A declaration acknowledging paternity of a child and the mother's declaration of consent can be notarized at any registry office, youth welfare office or notary's office. Paternity can be recognized effectively if there is no paternity of another man to this child. The acknowledgement of paternity and the mother's declaration of consent are notarized in public form.

Paternity can be recognized even before the child is born.

Under German law, the woman who gave birth to the child is the mother of the child. Recognition of maternity is generally not required. If recognition of maternity or a declaration of consent from a legal representative is required, these must also be notarized by a registry office, the youth welfare office or a notary's office.

If the mother's or father's home country law requires a maternity acknowledgement, this can also be notarized. The same rules apply as for acknowledgment of paternity.

The employees from the "Assistance" department

• advise you as a mother on paternity issues after or even before the birth of your child
• notarize acknowledgments of paternity and your required consent
• support you by formulating and preparing written pleadings
• represent your child as counsel in court in paternity proceedings if the father does not voluntarily acknowledge paternity

• § Section 44 of the Civil Status Act (PStG)
• §§ Sections 1591 to 1599 of the German Civil Code (BGB)

• Recognition and consent must be publicly notarized.
• The acknowledgement of paternity can be submitted to any municipal office, youth welfare office or notary's office.
• Recognition is not subject to receipt and does not require acceptance by a specific registry office or other authority to be effective.
• The prohibition of abusive recognition of paternity pursuant to § 1597a. BGB
• Recognition of paternity of a child is not effective as long as the paternity of another man exists (blocking effect).
• Recognition subject to a condition or time limit is invalid.
• There must be no effective revocation by the recognizing party.
• Recognition requires the consent of the mother.
• Recognition also requires the child's consent if the mother is not entitled to parental custody in this respect.
• The effectiveness of the declaration of acknowledgment of paternity is not dependent on the actual parentage relationship; (legal) paternity is established solely through the effective submission of the declaration of acknowledgment and all necessary declarations of consent. The acknowledgement of paternity can also be made before the birth of the child.
• Persons with limited legal capacity can only acknowledge themselves, but require the consent of their legal representative. In the case of incapacitated persons, the legal representative can acknowledge 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.
• For a legally incompetent child or a child who is not yet 14 years old, only the legal representative can consent to the recognition.
• Acknowledgements or consents cannot be declared by an authorized person.

The acknowledgment of paternity and the declaration of consent can be submitted at any municipal office, youth welfare office or notary's office.

• The acknowledging man declares that he is the father of the child.
• The registrar must check the declaration of recognition in order to prevent ineffective recognitions as far as possible.

In particular, it is being examined:

• The identity of the recognizer, the mother and the child
• The legal capacity of the parties involved
• Any previous status determinations
• The registrar will explain the legal consequences of the name.
• The recognition is publicly notarized

We would like to take enough time for your request. Please make an appointment in advance by telephone or email for a consultation or notarization.