Declare paternity and have it notarised

Related forms and processes

Prerequisite

• The child does not yet legally have a father.
• All necessary consents have been obtained. If you or the mother are under the age of 18, your legal representatives or those of the mother must also give their consent.
• Each party is present in person.

Responsible department

• any local court,
• any notary public
• the local registry office or
• the local youth welfare office
  is the youth welfare office,
  • if you live in an urban district: the city administration
  • if you live in a rural district: the district administration office

Procedure

You must declare the acknowledgement of paternity to an employee of the competent authority who is authorised to issue public documents.

The child's mother must agree to the acknowledgement.

Note: You and the mother of your child can declare acknowledgement of paternity and consent together or separately.

If the mother is not entitled to parental custody of the child, the child itself must also give its consent. This may be the case if, for example, the child has already reached the age of majority or a court has taken custody away from the mother. In the case of children under the age of 14, the legal representative, for example the guardian or carer, is responsible for this. For children between the ages of 14 and 18, the consent of both the child and the legal representative is required.

The employee of the responsible office will summarise your declaration and consent in a public document. You will receive a notarised copy of this.

After notarisation, the registry office of the place of birth of the child's birth will receive certified copies of

• the acknowledgement of paternity and
• the mother's declaration of consent.

If you have already recognised paternity before the birth, your name will be entered on the birth certificate. If paternity is recognised after the birth, the registry office at the child's place of birth will issue a new birth certificate.

Deadlines

You can recognise paternity at any time, even before the child is born.

Required documents

• for the father's declaration:
  • Father's identity card or passport
    • before the birth: proof of the expected date of birth of the child (e.g. maternity passport)
    • after the birth: birth certificate of the child
• for the mother's consent:
  • Identity card or passport of the mother
  • if the consent is separate from the recognition: certified copy of the father's declaration of recognition
    • before the birth: proof of the expected date of birth of the child (e.g. maternity passport)
    • after the birth: birth certificate of the child
• for further declarations of consent (e.g. from legal representatives of a minor parent):
  • Identity card or passport of the person giving consent
  • notarised copy of the declaration of consent
  • possibly proof of status as legal representative

Note: Sometimes you will need further documents. Please enquire at the relevant office.

Costs

at the youth welfare office or registry office: free of charge

at the notary or at the local court: subject to a fee

Miscellaneous

You can cancel the acknowledgement of paternity if it has not yet taken effect one year after notarisation.

This is the case, for example, if the child's mother has not consented to the acknowledgement for a year.

Tip: If you recognise paternity at the relevant youth welfare office, you can make a declaration of custody at the same time.

Appeal

Please seek legal advice in individual cases.

Legal basis

Bürgerliches Gesetzbuch(BGB)

• § 1592 Vaterschaft
• §§ 1594 - 1598 Anerkennung der Vaterschaft

Personenstandsgesetz(PStG)

• § 44 Erklärungen zur Anerkennung der Vaterschaft und der Mutterschaft

Release note

machine generated, based on the German release by: Justizministerium und Sozialministerium Baden-Württemberg, 22.06.2023