Declaration of custody
Your way to the application
Apply now
Why should I specify a location?
With the help of the location information, we can display the information, forms and services suitable for you and your responsible office.
Which location should I specify?
For example, your place of residence if you want to apply for a passport or the company location if you want to register a business.
- Parents' identity card or passport
- In the case of a postnatal declaration: the child's birth certificate in which the father is registered
- In the case of a prenatal declaration: mother's passport and certificate of acknowledgment of paternity
The declaration of custody at the youth welfare office is free of charge. There are costs for the declaration of custody with a notary.
Simply explained
What is a declaration of custody?
Married parents automatically have joint custody of their child and therefore make all important decisions together. If the parents are not married, parental custody initially lies solely with the mother. This means that without a declaration of custody, an unmarried father has no custody of his child.
However, parents who are not married can also exercise this right jointly: In a declaration of custody, both parents agree that they want to jointly care for their child. They can do this either jointly or with separate declarations. However, the mother must expressly agree to the declaration of custody.
The declaration of custody can be made even before the child is born. It is valid until the child's 18th birthday.
Where is the declaration of custody made?
You can make the declaration of custody at the youth welfare office in your place of residence. A notary can also notarize your declaration of custody.
What requirements must be met?
- The parents are not married to each other.
- There is legal paternity (through effective recognition or judicial determination).
- The child does not have to be born yet, but it must be conceived.
- The child must still be a minor.
- A court decision on parental custody has not yet been made.
- The parents must appear in person.
- In principle, the parents must have legal capacity, i.e. be of legal age. A declaration of custody by a parent with limited legal capacity requires the consent of their legal representative.
- Both parents must speak sufficient German. If this is not the case:
- Youth Welfare Office: If you require an interpreter, please state the desired language when making the appointment.
- Notary's office: If you require an interpreter, you must bring an interpreter with you to the appointment. This person must have a valid identity document and must not be related to the child's parents by blood or marriage.
Frequently asked questions and answers
Already checked? Tips and lists for the next steps
