Maternity recognition

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

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

• 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.

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

• 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.

• Depending on the individual case

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

at the registry office

• Objection

• Contestation
• Declaratory proceedings

Lower Saxony Ministry of the Interior and Sports

23.11.2020

The text was automatically translated based on the German content.