Paternity Recognition in Germany

While maternity is based on the fact that the woman gave birth to the child (see § 1591 of the German Civil Code (BGB)), there are several possible constellations for paternity recognition in Germany. Under German Law, the person who is married to the child’s mother at the time of birth is deemed to be the father (see § 1592 No. 1 BGB). This is also the case if the child was born as a result of artificial insemination or sperm donation. Recognition of paternity is not required in these cases.

However, if an unmarried woman gives birth to a child, the child’s paternity is initially unclear. In this case, the man has the option of having his paternity recognised. Recognising paternity is, therefore, of particular interest to unmarried couples, as the legal presumption does not apply to children born out of wedlock. In this case, paternity must be recognised.

Recognition of paternity must be declared in person by the man concerned to the competent German authority. This is usually the local youth welfare office, but it can also be the registry office or a notary. We are available to advise you on the most appropriate office for you. Whilst paternity acknowledgement at the youth welfare office, for example, is free of charge, costs may be incurred at the registry office.

A non-biological father can also have their paternity recognised in Germany. This means that the mother’s partner can become the child’s legal father regardless of his biological relationship with the child. Such paternity recognition can take place before or after birth. The mother’s consent is required for successful recognition. If the mother refuses recognition, it can also be established by a court decision as part of a paternity action. Under certain circumstances, the consent of the child or the mother’s husband may also be required. If the mother does not have custody of the child, the legal guardian must be present at the declaration of recognition.

In financial terms, the most relevant consequence of paternity recognition in Germany is the obligation to pay child support to the child. There is no obligation to pay child support retroactively. The date on which paternity is recognised is decisive for establishing the maintenance obligation. There may also be an obligation to pay childcare maintenance to the mother.

Paternity recognition in Germany also has implications under inheritance law. Once recognised, the child is considered the father’s legal heir and is entitled to a compulsory portion of the inheritance under German law (the “Pflichtteil”). In addition, the child can benefit from paternity in terms of acquiring German citizenship. In constellations where the father does not live with the child, he is entitled to the right of access to the child due to the paternity recognition procedure.

If a man refuses to recognise the paternity of a child, an action to establish paternity can also be considered. The child’s mother can apply to the competent family court for the court to establish the paternity of the person concerned. The child is also entitled to make this application. If the child is a minor, they will be represented by the youth welfare office when making the application.

The court can oblige the man concerned to cooperate in an action to establish paternity. This is generally carried out as part of a parentage report, generally referred to as a paternity test. The performance of such a test can, therefore, be enforced by the court.