Acknowledgement of paternity and declaration of custody before birth/certification of the child's birth

Description

The consent of the child's mother is always required for paternity to be recognised. The mother's declaration must also be officially notarised.
If the father or mother is not yet of legal age, the legal representatives must also give their consent.

You can contact the following offices to recognise paternity:

• the Youth Welfare Office(free of charge), where appointments can be made at any time. In addition to recognising paternity, you can also notarise a declaration of joint custody here.
• the registry office(free of charge). Appointments for paternity acknowledgement can be made at the Munich registry office at the earliest 4 weeks before the birth. Important note: To speed up your appointment at the KVR, please print out and sign (by both parents) the paternity acknowledgement information sheet and bring it with you. This form is only necessary when visiting the district administration department. The social services department does not require this form.
  
  Please note: The registry office does not make a declaration of custody.
• a notary(subject to a fee)

Good to know:

• If paternity has already been legally recognised before the birth, the father will be recorded in the child's birth register and listed on the birth certificate.
• If the paternity is recognised at a later date (after the child has been born and a birth certificate has already been issued), the birth register is amended and a new birth certificate is issued.
• The parents can recognise paternity and make the declaration of consent together or separately. However, the acknowledgement of paternity only becomes effective once all the necessary consents have been given.

Required documents

For the father's declaration of recognition:

• Father's identity card, passport or travel document
• Birth certificate of the father
• Proof of the expected date of birth of the child (e.g. in the maternity record)

For the mother's declaration of consent:

• Mother's identity card, passport or travel document
• Birth certificate of the mother
• if the consent is separate from the acknowledgement of paternity: certified copy of the father's declaration of acknowledgement
• Proof of the expected date of birth of the child (e.g. in the maternity record)

For further declarations of consent (e.g. from legal representatives of a minor parent):

• Identity card, passport or travel document of the person(s) giving consent
• notarised copy of the declaration to which consent is given
• possibly proof of status as legal representative

Further documents may be requested in individual cases. In the case of foreign-language documents, we require a certified translation by a sworn translator based in Germany.

Legal basis

§ Section 1592 of the German Civil Code (paternity)
§§ Sections 1594, 1598 of the Civil Code (Recognition of paternity)
§ Section 44 of the Civil Status Act (declarations recognising paternity and maternity)