responsibility finder
Schleswig-Holstein

Acknowledgement of paternity

Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6PLus)

Service Description

A declaration acknowledging the paternity of a child, as well as the mother's declaration of consent, can be notarized at any registry office, youth welfare offices and notaries. Effective acknowledgment of paternity can be made if there is no paternity of another man to this child. The acknowledgment of paternity and the mother's declaration of consent are certified in public form.

Recognition of paternity is possible even before the birth of the child.

According to German law, the mother of the child is the woman who gave birth to the child. In principle, recognition of maternity is not required. If an acknowledgment of maternity or a declaration of consent from a legal representative is required, these must also be notarized by a registry office, by the youth welfare office, or by notaries.

If the foreign law of the mother or father requires a recognition of maternity, it can also be publicly notarized. The same rules apply as for acknowledgment of paternity.


Process flow

The acknowledgement of paternity and also the declarations of consent can be submitted at any state office, at youth welfare offices and notaries.

  • The appreciative man declares to be the father 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 are tested:
  • The identity of the acknowledgment, the mother and the child
  • The legal capacity of the parties involved
  • Any previous status determinations
  • The registrar will explain the legal consequences of the name.
  • The recognition is publicly notarized
Who should I contact?
  • Youth Welfare Offices
  • Notaries
  • Registry Offices
Competent authority
  • Youth Welfare Offices
  • Notaries
  • Registry Offices
Requirements
  • The recognition and consent must be publicly notarized.
  • The acknowledgment of paternity can be submitted at any state office, youth welfare offices and notaries.
  • The recognition does not need to be received and does not need to be received by a specific registry office or other authority in order to be effective.
  • The prohibition of the improper acknowledgment of paternity according to § 1597a. BGB applies
  • Acknowledgment of paternity to a child is not effective as long as the paternity of another man exists (blocking effect).
  • Recognition under conditions or time determination is ineffective.
  • There must be no effective revocation of the acknowledgment.
  • 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 validity of the declaration of acknowledgment of paternity does not depend on the actual circumstances of parentage; (legal) paternity arises solely through the effective submission of the acknowledgment and all necessary declarations of consent. The acknowledgment of paternity can also be made before the birth of the child.
  • Anyone who is limited in legal capacity can only acknowledge themselves, but requires the consent of their legal representative. In the case of incapacitated persons, the legal representative may acknowledge with the permission of the family court; if the legal representative is a guardian, the approval of the guardianship court is required.
  • The same rules apply to the mother's consent.
  • For a child who is legally incapacitated, or a child who is not yet 14 years old, only the legal representative can agree to the recognition.
  • Acknowledgments or consents cannot be declared by an authorized person.
Which documents are required?
  • Proof of identity (e.g. identity card, passport, ID card)
  • Father's birth certificate
What are the fees?

Acknowledgment of paternity and declarations of consent are free of charge.

If applicable, 30 € for the affidavit in lieu of an interpreter

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), after the child's death (post-mortem recognition) as well as for stillborn children.
Processing duration
  • Depending on the individual case
Legal basis
  • Section 44 of the Civil Status Act (PStG)
  • §1594 to §1598 BGB , § 1599 BGB
Appeal
  • Contradiction
  • Appeal
  • Declaratory Procedure
Applications / forms

at the registry office

Author

The text was automatically translated based on the German content.

Technically approved by

Senator for the Interior, Department 23 – Civil Status Law, of the State of Bremen

Professionally released on

09.10.2020

Process flow

The acknowledgement of paternity and also the declarations of consent can be submitted at any state office, at youth welfare offices and notaries.

  • The appreciative man declares to be the father 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 are tested:
  • The identity of the acknowledgment, the mother and the child
  • The legal capacity of the parties involved
  • Any previous status determinations
  • The registrar will explain the legal consequences of the name.
  • The recognition is publicly notarized

Who should I contact?

  • Youth Welfare Offices
  • Notaries
  • Registry Offices

Competent authority

  • Youth Welfare Offices
  • Notaries
  • Registry Offices

Requirements

  • The recognition and consent must be publicly notarized.
  • The acknowledgment of paternity can be submitted at any state office, youth welfare offices and notaries.
  • The recognition does not need to be received and does not need to be received by a specific registry office or other authority in order to be effective.
  • The prohibition of the improper acknowledgment of paternity according to § 1597a. BGB applies
  • Acknowledgment of paternity to a child is not effective as long as the paternity of another man exists (blocking effect).
  • Recognition under conditions or time determination is ineffective.
  • There must be no effective revocation of the acknowledgment.
  • 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 validity of the declaration of acknowledgment of paternity does not depend on the actual circumstances of parentage; (legal) paternity arises solely through the effective submission of the acknowledgment and all necessary declarations of consent. The acknowledgment of paternity can also be made before the birth of the child.
  • Anyone who is limited in legal capacity can only acknowledge themselves, but requires the consent of their legal representative. In the case of incapacitated persons, the legal representative may acknowledge with the permission of the family court; if the legal representative is a guardian, the approval of the guardianship court is required.
  • The same rules apply to the mother's consent.
  • For a child who is legally incapacitated, or a child who is not yet 14 years old, only the legal representative can agree to the recognition.
  • Acknowledgments or consents cannot be declared by an authorized person.

Which documents are required?

  • Proof of identity (e.g. identity card, passport, ID card)
  • Father's birth certificate

What are the fees?

Acknowledgment of paternity and declarations of consent are free of charge.

If applicable, 30 € for the affidavit in lieu of an interpreter

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), after the child's death (post-mortem recognition) as well as for stillborn children.

Processing duration

  • Depending on the individual case

Legal basis

  • Section 44 of the Civil Status Act (PStG)
  • §1594 to §1598 BGB , § 1599 BGB

Appeal

  • Contradiction
  • Appeal
  • Declaratory Procedure

Applications / forms

at the registry office

Author

The text was automatically translated based on the German content.

Technically approved by

Senator for the Interior, Department 23 – Civil Status Law, of the State of Bremen

Professionally released on

09.10.2020

Further information and offers