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 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 acknowledgment and consent must be notarized.
Acknowledgment of paternity may be filed at any civil registry office, youth welfare office, or notary’s office.
The acknowledgment does not require delivery to a specific recipient and does not need to be accepted by a specific civil registry office or other authority to be valid.
The prohibition against abusive acknowledgment of paternity pursuant to § 1597a of the German Civil Code (BGB) applies.
Acknowledgment of paternity for a child is not valid as long as another man is recognized as the father (preclusive effect).
An acknowledgment made subject to a condition or a time limit is invalid.
There must be no valid revocation by the person acknowledging paternity.
The acknowledgment requires the mother’s consent.
Acknowledgment also requires the child’s consent if the mother does not have parental custody in this regard.
The validity of the declaration of acknowledgment of paternity does not depend on the actual biological relationship; (legal) paternity arises solely through the valid submission of the declaration of acknowledgment and all necessary declarations of consent. Acknowledgment of paternity may also be made before the child’s birth.
A person with limited legal capacity may only acknowledge paternity personally but requires the consent of their legal representative. For persons lacking legal capacity, the legal representative may acknowledge paternity with the approval of the family court; if the legal representative is a guardian, the approval of the guardianship court is required.
The same provisions apply to the mother’s consent.
For a child who lacks legal capacity, or a child who is under 14 years of age, only the legal representative may consent to the acknowledgment.
Acknowledgments or consents cannot be declared by an authorized representative.
Processing time
On a case-by-case basis
Documents
Proof of identity (e.g., national ID card, passport, ID card)