Recognition of paternity

When a child is on the way, many questions arise. In addition to all the emotional moments and the anticipation of the offspring, there are important decisions to be made, especially if the couple is not married. One of these is acknowledging paternity.

When is recognition necessary? How does it work? And what legal consequences does it have for the mother, father and child?

This article gives you a clear overview and answers the most important questions about acknowledging paternity.

Recognition of paternity officially declares who is legally considered the father of a child. It is always required if the parents are not married to each other at the time of birth.

In married couples, the mother's husband is automatically considered the legal father.

This is not the case for unmarried couples. Without acknowledging paternity, the father has no legal relationship with the child. He is only legally considered the father once paternity has been acknowledged.

Acknowledgment of paternity is required if the parents are not married to each other and the man is to be considered the legal father of the child.

Important to know: Biological paternity and legal paternity are not automatically identical. A man only becomes the legal father of the child through recognition or a court decision.

Acknowledging paternity has many advantages. It provides legal clarity and is also in the interests of the child in terms of financial security.

Acknowledging paternity also entails obligations for the father.

You don't have to wait until your child is born. Notarization is possible before the birth, but also at any time later.

It can make sense to have paternity acknowledged before the child is born, for example if the child is to be given your surname. This can then be entered directly on the birth certificate. This saves an additional trip to the authorities.

You must acknowledge paternity in person on site.

This is possible at the youth welfare office, at the registry office or at a notary's office. At the youth welfare office and the registry office, paternity acknowledgement is usually free of charge. Notarization by a notary's office usually incurs costs.

Please bring the following documents with you to the pre-arranged appointment:

• Identity card, passport or ID card of mother and father
• If the recognition takes place before the birth: Maternity passport or medical certificate with the expected date of birth
• If the recognition takes place after the birth: Birth certificate of the child

Acknowledging paternity is usually straightforward and only takes a few minutes. However, it is necessary to make an appointment in advance at the youth welfare office, registry office or at a notary's office. Mother and father must appear in person. A joint appointment is usual, but in special cases the mother's consent can also be declared separately.

The responsible office checks the documents and clarifies whether any other legal paternity already exists, for example through a previous marriage of the mother. After being informed of the legal consequences, the father signs a declaration acknowledging the paternity of the child. The mother then declares that she agrees to this acknowledgement. Both declarations are notarized by the competent authority. This makes the paternity legally effective. The parents receive certified copies of the certificate.

If you acknowledge paternity after the birth, you can then apply for an amended birth certificate with the father's name on it.

Recognition of paternity has an impact on the following financial benefits for families:

• Parental leave and parental allowance: If only the mother applies for parental leave and parental allowance, recognition of paternity is not mandatory. However, if the father wants to take parental leave and apply for parental allowance, he must be legally recognized.
• Child benefit: Recognition is not a prerequisite for the payment of child benefit. However, it helps to clarify who is entitled to claim.
• Advanced maintenance payments: Advanced maintenance payments are only paid if the parent liable for maintenance is known. If paternity is not recognized, the maintenance advance may be refused or only paid for a limited period of time.

No, acknowledging paternity does not give rise to joint custody.

In the case of unmarried parents, the mother initially has sole custody. Joint custody only exists if both parents make an additional declaration of custody. This can be declared together with the acknowledgement of paternity.