Maternity recognition

Recognition of maternity can be submitted to any municipal office, youth welfare office or notary's office.

• The recognizing woman declares to be the mother 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

• The recognition must be publicly notarized.
• Recognition of maternity can be submitted to any municipal office, youth welfare office or notary's office.
• Recognition and consent are not subject to receipt and do not require acceptance by a specific registry office or other authority to be effective.
• Maternity is only recognized in cases where the parentage of a child of unmarried parents is governed by the law of the state in which the child has its habitual residence or, alternatively, by the mother's home law.
• If the mother's or father's home country law requires a maternity acknowledgement, this is officially notarized. The same rules apply as for paternity acknowledgement.
• Recognition subject to a condition or time limit is invalid.
• Recognition also requires the child's consent if the mother is not entitled to parental custody in this respect.
• 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.
• 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)

• Art. 19 para. 1 sentence 1 Introductory Act to the German Civil Code (EGBGB)
• § Section 27 of the Civil Status Act (PStG)
• § Section 44 of the Civil Status Act (PStG)
• §§ Sections 1591 to 1599 of the German Civil Code (BGB)

• Contradiction

• Contestation
• Determination procedure

at the registry office

Under German law, maternity arises solely from the fact of birth: the mother of the child is the woman who gave birth to it.

• Maternity is only recognized if the parentage of a child of unmarried parents must be determined according to the law of the state in which the child has its habitual residence or, alternatively, according to the mother's home law. (cf. Art. 19 para. 1 sentence 1 EGBGB
• Recognition of maternity is notarized in public form.
• Registry offices, all youth welfare offices and notary's offices are responsible.