Service Finder
Certify acknowledgement of paternity
Service Description
A declaration by which paternity to a child is acknowledged, as well as the mother's declaration of consent, can be notarized in any registry office, at youth welfare offices and before notaries. The father of a child is the man who is married to its mother at the time of birth, who has acknowledged paternity or whose paternity has been established by a court.
An effective acknowledgement of paternity can be made if there is no paternity of another man to this child. Acknowledgment of paternity becomes effective through the personal consent of the mother. Both consents are notarized in public form.
Acknowledgment of paternity is possible
- to the child of a mother who is not married
- to the child of a married mother, if the child was born after the commencement of divorce proceedings.
Acknowledgment of paternity is possible even before the child is born. This requires a declaration, which must be publicly notarized. The mother must agree to the acknowledgement of paternity. Both can appear together or separately at the Youth Welfare Office. In the case of recognition before birth or in the case of certification of birth, the father is entered in the register of births from the beginning, as is the case with married parents.
According to German law, the woman who gave birth to the child is the mother of the child. Recognition of maternity is generally not required. If a recognition of maternity or a declaration of consent by a legal representative is required, these must also be certified by a registry office, by the youth welfare office, or by notaries.
If the foreign home law of the mother or father requires a maternity recognition, it can also be publicly notarized. The same regulations apply as for paternity acknowledgment.
Process flow
The acknowledgement of paternity and also the declarations of consent can be made in any city office, youth welfare offices and notaries.
- The acknowledging man declares to be the father of the child.
- The registrar must check the declaration of acknowledgment in order to prevent ineffective acknowledgments as far as possible.
- Specifically checked:
- The identity of the recognizer, 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 publicly certified
Who should I contact?
Paternity can be acknowledged
- at any registry office
- at the youth welfare office (in the district office or at the city administration in the independent city)
- at all notaries
Requirements
- The acknowledgement and consent must be publicly notarized.
- Acknowledgement of paternity can be submitted to any city office, youth welfare office or notary public.
- The acknowledgement is not subject to receipt and does not require receipt by a particular registry office or other authority in order to be effective.
- The prohibition of abusive acknowledgement of paternity according to § 1597a applies. BGB
- An acknowledgment of paternity to a child is not effective as long as the paternity of another man exists (blocking effect).
- Acknowledgement under condition or time provision is ineffective.
- There must be no effective revocation by the recognizer.
- Recognition requires the consent of the mother.
- Recognition also requires the consent of the child if the mother is not entitled to parental care in this respect.
- The effectiveness of the declaration on the acknowledgement of paternity is not dependent on the actual parentage relationships; (legal) paternity is established solely by the effective submission of the declarations of acknowledgement and all necessary declarations of consent. Acknowledgment of paternity can also be made before the birth of the child.
- A person with limited legal capacity can only acknowledge paternity himself, but requires the consent of his legal representative. In the case of incapacity, the legal representative may acknowledge with the approval 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 an incapacitated child, or a child who is not yet 14 years old, only the legal representative can consent to the recognition.
- Acknowledgements or consents cannot be declared by an authorized person.
Which documents are required?
- Parentage or birth certificate of the child
- Proof of birth of the father (e.g. birth certificate or certified copy from the family register)
- Proof of marital status of the mother, if married or divorced
- valid proof of identity, such as ID card or passport of each parent present
- in case of prenatal recognition: maternity passport
What are the fees?
The acknowledgement of paternity and the declarations of consent at the Youth Welfare Office and the Registry Office are free of charge.
For the affirmation in lieu of an interpreter, there is an additional charge of 40 euros.
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 death of the child (post-mortem recognition), as well as for stillborn children.
Processing duration
The processing time depends on the individual case.
Legal basis
Applications / forms
- Contestation
- Declaratory proceedings
Author
The text was automatically translated based on the German content.
Technically approved by
Thuringian Ministry of Labor, Social Affairs, Health and Family Affairs
Professionally released on
20.09.2023
Source: Zuständigkeitsfinder Thüringen (Linie6PLus)
Competent Authority
Landratsamt Gotha - Rechtsschutz
Address
99867 Gotha
Address
99867 Gotha
Remark: House C, 1st floor
Opening times
Monday closed
Tuesday 09:00 - 12:00
Wednesday closed
Thursday 09:00 - 13:00 and 14:00 - 18:00
Friday by appointment only
By appointment only