Paternity: Have a declaration of acknowledgement notarised

A declaration recognising paternity of a child and the mother's declaration of consent can be notarised at any registry office, youth welfare office or notary's office. Paternity can be recognised effectively if there is no paternity of another man to this child. The acknowledgement of paternity and the mother's declaration of consent are notarised in public form.

Paternity can be recognised even before the child is born.

Under German law, the woman who gave birth to the child is the mother of the child. Recognition of maternity is generally not required. If recognition of maternity or a declaration of consent from a legal representative is required, these must also be notarised by a registry office, the youth welfare office or a notary's office.

If the mother's or father's home country law requires a maternity acknowledgement, this can also be notarised. The same rules apply as for paternity acknowledgement.

• § Section 44 of the Civil Status Act (PStG)
• §§ Sections 1591 to 1599 of the German Civil Code (BGB)

Proof of identity (e.g. identity card, passport, ID card)

• Recognition and consent must be publicly notarised.
• The acknowledgement of paternity can be submitted to any municipal office, youth welfare office or notary's office.
• Recognition is not subject to receipt and does not require acceptance by a specific registry office or other authority to be effective.
• The prohibition of abusive recognition of paternity pursuant to § 1597a. BGB
• Recognition of paternity of a child is not effective as long as the paternity of another man exists (blocking effect).
• Recognition subject to a condition or time limit is invalid.
• There must be no effective revocation by the recognising party.
• Recognition requires the consent of the mother.
• Recognition also requires the child's consent if the mother is not entitled to parental custody in this respect.
• The effectiveness of the declaration of acknowledgement of paternity is not dependent on the actual parentage relationship; (legal) paternity is established solely through the effective submission of the declaration of acknowledgement and all necessary declarations of consent. The acknowledgement of paternity can also be made before the birth of the child.
• Anyone with limited legal capacity can only recognise themselves, but requires the consent of their legal representative. In the case of incapacitated persons, the legal representative can recognise 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 a legally incapacitated child or a child who is not yet 14 years old, only the legal representative can consent to recognition.
• Acknowledgements or consents cannot be declared by an authorised person.

The acknowledgement of paternity and the declarations of consent can be submitted at any municipal office, youth welfare office or notary's office.

• The recognising man declares that he is the father of the child.
• The registrar must check the declaration of recognition in order to prevent ineffective recognition as far as possible.

In particular, it is being examined:

• The identity of the recogniser, 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 notarised

• Contradiction
• Contestation
• Determination procedure

II 310

II 210

• Paternity: Have a declaration of acknowledgement notarised in Mecklenburg-Vorpommern

  Display of performance in the source portal

• Youth welfare offices
• Notaries
• Registry offices