Recognition of paternity

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

• 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.

Proof of identity (e.g. identity card, passport, ID card)

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

• Contradiction
• Contestation
• Determination procedure

• The acknowledgement of paternity is notarized in public form.
• Paternity can be effectively recognized if there is no paternity of another man to this child.
• Paternity can be recognized even before the child is born.
• Responsible: Registry offices, youth welfare offices and notary's offices.

What should be done if, after paternity has been acknowledged, there are indications that the father is not the biological father?

The person concerned has two years to contest paternity in court.

What happens if the mother does not agree to the paternity acknowledgement?

Paternity can then only be established in court.

Can it be notarized before the birth?

Yes, but only three months before the due date at the earliest.