If you wish to make a declaration acknowledging paternity of a child, as well as a declaration of consent from the mother, this can be publicly notarized by civil registrars at any registry office, at youth welfare offices and before notaries.
A declaration acknowledging paternity of a child and the mother's declaration of consent can be notarized at any registry office, at youth welfare offices and before notaries. Paternity can be effectively acknowledged 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.
Recognition of paternity is possible 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 by a legal representative is required, these must also be notarized by a registry office, the youth welfare office or notaries.
If the mother's or father's home country law requires recognition of maternity, this can also be notarized. The same rules apply as for acknowledgment of paternity.
Prerequisites
The acknowledgement and consent must be publicly notarized.
The acknowledgement of paternity can be submitted to any municipal office, youth welfare office or notary.
The acknowledgement 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 acknowledgement of paternity pursuant to § 1597a applies. 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 ineffective.
There must be no effective revocation by the acknowledging party.
Recognition requires the consent of the mother.
Recognition also requires the consent of the child 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. Paternity can also be acknowledged before the child is born.
Anyone with limited legal capacity can only acknowledge paternity themselves, but requires the consent of their legal representative. In the case of legally incompetent 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 regulations apply to the mother's consent.
For a legally incapacitated child or a child who is not yet 14 years old, only the legal representative can consent to the acknowledgment.
Acknowledgements or consents cannot be declared by an authorized person.
Processing time
Depending on the individual case
Documents
Proof of identity (e.g. identity card, passport, ID card)