Acknowledgement of paternity

More detailed advice on this complicated subject can be obtained from the youth welfare office or registry office responsible for your place of residence or any other youth welfare office or registry office. This can only be a brief presentation and does not answer all possible questions.

Legally, the father of a child is the man,

• who is married to his or her mother at the time of birth,
• or, if the mother is not married, the husband.
  • who has validly acknowledged paternity or
  • whose paternity has been judicially established.

A certain form (publicly notarised) is prescribed for the acknowledgement of paternity. The mother must consent to the acknowledgement of paternity. In the case of parents with limited legal capacity, e.g. minors, the legal representatives (e.g. parents) and the child or the child's legal representative must also consent. The publicly notarised form is also required for the consents. Paternity can be acknowledged even before birth.

The acknowledgement of paternity can only become effective if,

• if the mother is not married or
• the acknowledgement of paternity is also possible if the mother is still married at the time of the child's birth and the divorce petition is already pending before the court. In this case, the mother's previous husband must consent to the acknowledgement of paternity by another man in a public document. Paternity becomes effective when the mother's marriage is divorced and the child was born within the divorce proceedings.

 Where can the deeds be recorded?

• at each registry office
• at the youth welfare offices
• at all local courts

at all notaries (subject to a fee)

 
The parents can decide for themselves whether they want to make their declarations on the same day or on different dates.
If the documents on the acknowledgement of paternity and the necessary consents (mother, legal representatives, child, if applicable) are already available before the birth is recorded by the registry office, the father will be entered in the birth register from the beginning, as is the case with married parents. In the case of a later legally effective recognition, the birth register is subsequently supplemented.