Why is the paternity acknowledgment important?

An acknowledgement of paternity is important if the parents are not married to each other at the time of the child's birth. Without a notarization of paternity acknowledgment, the father in these cases has no legal relationship with his child.

What does acknowledgment of paternity mean?

The relationship between father and child is legally recognized only when the father asserts in a voluntary declaration of intent that he is the father of the child. Paternity must be publicly certified. The mother must consent to the acknowledgement of paternity. The mother's declaration of consent must also be publicly notarized.

Where does the paternity acknowledgment take place?

The notarization of the acknowledgment of paternity and the mother's declaration of consent can take place at

• State Offices,
• Youth welfare offices,
• municipal courts and
• notaries public
.

be handed in.

What rights and obligations arise from the acknowledgement of paternity?

When a man acknowledges paternity, he has the following rights and obligations:

• A kinship relationship is established between the child, the father and the father's family.
• The child may receive the surname of the father.
• The child and his mother have maintenance claims against the father.
• The child may be covered by the father's family health insurance.
• If the father is German and the mother is a foreigner, the child receives dual citizenship.
• The father has the option to take parental leave.
• The child has a right to contact with the father.
• If the father dies, the child has inheritance rights.
• If the father dies, the child receives an orphan's pension.

Which requirements must be met?

Paternity can be acknowledged if the following conditions are met:

• There is no other paternity for the child.
• The mother agrees to the acknowledgment of paternity.

If the mother does not have custody of the child in question, the consent of the child is required. In the case of an incompetent child or a child under 14 years of age, the consent of a legal representative is required.

Acknowledgements or consents must be given in person.

What documents do I need to submit?

For the declaration of paternity you need:

• Your identity card, passport or ID card
.
• Birth certificates of the mother and father
.
• If recognized before birth: the maternity passport
.
• If recognized after birth: the child's birth certificate
.

When and how can I acknowledge my paternity?

To acknowledge paternity, you do not have to wait until your child is born. The certification is possible before birth, but also at any time later.

However, it may make sense to have paternity acknowledged before the child is born. If the child is to be given the father's surname, this can be entered directly on the child's birth certificate when the child is born. This saves an additional trip to the authorities.

The declaration of recognition can also be made after the death of the child, as well as for stillborn children.

Please arrange an appointment with the notarizing office in advance. The notarization itself takes approx. 45 to 60 minutes.

The certification at the youth welfare office or registry office is free of charge.

The notarization at a notary, a notary public or at the district court may incur costs.

Paternity is regulated by the following laws:

• § 44 Personal Status Act (PStG)
• § 1592 Civil Code (BGB)
• § 1594 Civil Code (BGB)
  (Acknowledgment of paternity)
• § 1595 Civil Code
  (Need for consent of the recognition)
• § 1596 Civil Code
  (Recognition and consent in the absence or limited legal capacity)
• § 1597 Civil Code
  (Formal requirements; revocation)
• § 1598 Civil Code
  (Ineffectiveness of recognition, consent and revocation)
• § 1599 Civil Code
  (Non-existence of paternity)