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Maternity recognition


A declaration recognizing the maternity of a child can be recorded at any registry office, at youth welfare offices and before notaries.

Recognition of maternity only applies in cases where the parentage of a child of unmarried parents is governed by the law of the country in which the child has its habitual residence or, alternatively, by the mother's home law.

If the mother's or father's home country law requires a maternity acknowledgement, this will be publicly notarized. The same rules apply as for acknowledgment of paternity.

Process flow

Recognition of maternity can be submitted to any municipal office, youth welfare office or notary.

  • The recognizing woman declares that she is the mother of the child.
  • The registrar must check the declaration of recognition in order to prevent ineffective recognitions 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 officially notarized

Competent authority

The responsibility lies with the municipalities, the joint municipalities and the city.

Requirements

  • The recognition must be publicly notarized.
  • Recognition of maternity can be submitted to any municipal office, youth welfare office or notary.
  • Recognition and consent are not subject to receipt and do not require acceptance by a specific registry office or other authority to be effective.
  • Recognition of maternity only applies in cases where the parentage of a child of unmarried parents is governed by the law of the state in which the child has its habitual residence or, alternatively, by the mother's home law.

If the mother's or father's home country law requires a maternity acknowledgement, this will be publicly notarized. The same rules apply as for recognition of paternity.

  • Recognition subject to a condition or time limit is invalid.
  • Recognition also requires the child's consent if the mother is not entitled to parental custody.
  • Persons with limited legal capacity can only acknowledge themselves, but require 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.
  • 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.

Which documents are required?

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

What are the fees?

Fee: free of charge

What deadlines do I have to pay attention to?

  • 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.

Processing duration

  • Depending on the individual case

Legal basis

  • Art. 19 para. 1 sentence 1 EGBGB
  • § Section 27 PStG
  • § Section 44 of the Civil Status Act (PStG)
  • §§ Sections 1591 to 1599 BGB

Applications / forms

at the registry office

Appeal

If the registry office refuses to certify the declaration of recognition, you can file an application with the competent court to instruct the registry office to issue you with the certificate.

Technically approved by

Lower Saxony Ministry of the Interior and Sports

Professionally released on

23.11.2020

Author

The text was automatically translated based on the German content.

Data protection information


Landkreis Emsland
Address: Ordeniederung 1 , 49716 Meppen
Timetable
Postal address: Post Office Box 15 62 , 49705 Meppen
Timetable
Telephone: 05931 44-0
Fax: 05931 44-3621
Transport Connection:
Station Haltestelle Kreishaus
Bus: 993

Building Access
elevator available, wheelchair-accessible
bank account:
recipients: Landkreis Emsland
bank: Emsländische Volksbank
BIC: GENODEF1LIG
IBAN: DE26266600600120050000
recipients: Landkreis Emsland
bank: Sparkasse Emsland
BIC: NOLADE21EMS
IBAN: DE39266500010000001339
recipients: Landkreis Emsland
bank: Postbank Hannover
BIC: PBNKDEFF250
IBAN: DE36250100300012132306

Ansprechpartner

Marc-André Burgdorf
responsible for:
Bernd Otten (Datenschutzbeauftragter)
Telephone: 05931 44-1605
Fax: 05931 44-391605
Room:
605
responsible for:

Landesbeauftragte für den Datenschutz Niedersachsen
Address: Prinzenstraße 5, 30159 Hannover
Timetable
Telephone: +49 511 12045-00
Fax: +49 511 12045-99

Source: Serviceportal Niedersachsen (Portalverbund des Bundes und der Länder)