Recognition of paternity

• § 44 Personenstandsgesetz (PStG)
• §§ 1594 bis 1599 Bürgerliches Gesetzbuch (BGB)

Proof of identity (e.g. identity card, passport, ID card)

• The acknowledgement and consent must be publicly notarized.
• The acknowledgement of paternity can be submitted to any municipal office, youth welfare office or notary's office.
• The acknowledgment 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 incompetent 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.

The acknowledgment of paternity and the declaration of consent can be submitted at any municipal office, youth welfare office or notary's office.

• The acknowledging man declares that he is the father of the child.
• The registrar must check the declaration of acknowledgment in order to prevent ineffective acknowledgments as far as possible.

In particular, the following is checked

• The identity of the acknowledging party, the mother and the child
• The legal capacity of the parties involved
• Any previous status determinations
• The registrar clarifies the legal consequences of the name.
• The recognition is publicly notarized

• Depending on the individual case

The declaration of recognition can be made for an unlimited period of time, even before the birth of the child (prenatal recognition) and after the child's death (post-mortem recognition), as well as for stillborn children.

• Objection
• Contestation
• Declaratory proceedings

The text was automatically translated based on the German content.

The responsibility lies with the municipality, the Joint Community and the city.