Paternity Recognition in Germany

While a mother is legally defined as the woman who gave birth to the child (see § 1591 BGB / German Civil Code), declaring the paternity of a German child is somewhat more complex. Generally, the man married to the child’s mother at the time of birth is regarded as the father (see § 1592 no. 1 German Civil Code). This will also be the case if the child was born through artificial insemination or sperm donation. In these cases, an acknowledgement of paternity is not necessary. However, if an unmarried woman gives birth, the paternity may be unclear. In this case, the man concerned can acknowledge paternity. Thus, recognition of paternity is of particular interest to unmarried couples since the legal presumption mentioned above does not apply. Instead, paternity needs to be officially acknowledged. The mother’s consent is required.

Declaring the fathership of a German child also becomes a significant issue in the case of divorcing couples. The law assumes the man married to the mother at the time of birth is the child’s father; for divorced couples, this presumption can exist depending on when the conception took place. However, an exception exists in the event of another man successfully challenging the paternity of the child in question. Recognition of paternity can also be brought to the fore in cases where a child is born, and the father dies before its birth.

While recognition at the youth welfare office is free of charge, costs may be incurred at the registry office. The non-birth father can also acknowledge paternity. In this way, the mother’s partner can become the child’s legal father regardless of his biological relationship with the child. The acknowledgement can be declared before or after the birth. The consent of the mother is always required for an acknowledgement of paternity. In certain circumstances, the consent of the child or the mother’s husband may also be required. The parents can make their declarations separately, but the consent must be available at the latest at the time of the declaration of acknowledgement.

A special feature exists if the mother does not have custody. In this case, the legal guardian must be present at the declaration of recognition. The declaration of recognition and the mother’s consent are notarised by the authorities and sent to the registry office of the child’s place of birth. The latter then record the father’s name on the birth certificate. In practice, acknowledging paternity is often combined with a declaration of custody.

Acknowledging paternity has far-reaching consequences. The person acknowledging paternity takes on the legal position of the father and subsequently has all the rights and obligations that go with it. It may therefore make sense to consult a lawyer before taking this step. This way, you can ensure that you are aware of what exactly is expected of you, and this is crucial because an error only entitles you to revoke the recognition in a few exceptional cases. In addition, the paternity contestation proceedings required for this can be very stressful for all parties involved.

From a financial point of view, the obligation to support the child is the most significant consequence of recognition. However, it should be noted that there is no obligation to pay child maintenance retroactively. The time of the paternity acknowledgement is decisive for establishing the obligation to pay maintenance. Moreover, there may also be an obligation to pay child maintenance and maintenance to the mother.

Furthermore, paternity also has effects on inheritance law. The child is considered the legal heir of the father and is entitled to a compulsory portion. Moreover, the child can benefit from paternity recognition regarding acquiring German citizenship. The father, in turn, usually receives a right of access to the child due to the recognition.

If a man refuses to acknowledge the paternity of a child, the affected parties may consider an action to establish paternity. The mother of the child can apply to the family court or the district court for the court to establish the paternity of the person concerned. The child also has the right to file this application. If the child is a minor, they are represented by the youth welfare office when filing the application. The court can oblige the man concerned to cooperate within the framework of such an action to establish paternity. This is generally done within the framework of a parentage report, usually referred to as a paternity test. The court can thus enforce the performance of such a test. We, therefore, advise you to refrain from secretly collecting genetic material from the man and having it examined. Otherwise, you could face fines of up to 5,000 €. Instead, you should make use of the court proceedings provided for. Our family law team will gladly assist you if you need legal support.