Maternity recognition
In Germany, motherhood is clearly regulated: Mother of a child is the woman who gave birth to the child.
This regulation does not apply to all countries. If the mother is not married, according to the law of some states, a relationship between mother and child only arises when the mother makes a declaration in which she acknowledges the child.
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Simply explained
What does maternity recognition mean?
Acknowledgment of maternity must be made when
.- the parents are not married and the foreign home law of the mother or father requires maternity recognition.
- it requires the law of the country in which the child is habitually resident.
The maternity acknowledgment must be publicly certified.
Why is a maternity acknowledgement important?
Some states recognize the parentage relationship only after a formal declaration has been made. This also applies to German mothers if the father is a foreigner.
In Europe, Italy is the only country that still requires maternity recognitions. Thus a child of an ltalienerin acquires only by the acknowledgment the Italian nationality from its mother, if this is not married. Also the name guidance is directed only from this time on after Italian right.
Where does the maternity recognition take place?
The certification of the maternity recognition can be done at
.- State Offices,
- youth welfare offices,
- Municipal courts and
- notaries public .
be handed in.
This is still important
What is the legal effect of the maternity recognition?
Only through the maternity recognition mother and child have a legal relationship to each other from the perspective of the foreign state. The mother only then receives custody of her child.
I need that
What documents do I need to submit?
For the declaration of maternity you need:
- Your identity card, passport or ID card .
- Birth certificates of the mother and father .
- After birth: your child's birth certificate .
- Before the birth: the maternity passport .
This should be noted
When and how can I recognize my motherhood?
To recognize maternity, you do not have to wait until your child is born. The certification is possible even before the birth, but also at any time after.
The recognition can also be given after the death of the child, as well as for stillborn children.
It takes that long
Please arrange an appointment with the notarizing office in advance. The notarization takes about 45 to 60 minutes.
These costs arise
The certification at the youth or registry office is free of charge.
The notarization at a notary, a notary public or at the district court may incur costs.
