Mutterschaftsanerkennung

If you wish to make a declaration recognising maternity to your child, insofar as your national law or the law of the state in which the child has his habitual residence so requires.

A declaration recognising maternity to a child can be certified at any registry office, at youth welfare offices and before notaries.

Recognition of maternity applies only in cases where the filiation of a child, not married parents, is governed by the law of the State in which the child has his habitual residence or, alternatively, by the national law of the mother.

If the foreign national law of the mother or father requires an acknowledgement of maternity, this will be publicly notarized. The same rules as for the acknowledgement of paternity apply.

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

• The recognition must be publicly notarized.
• The recognition of maternity can be given in any stadium office, at youth welfare offices and notaries.
• The recognition and consent is not subject to receipt and does not require acceptance by a specific registry office or another authority in order to be effective.
• Recognition of maternity applies only in cases where the filiation of a child, not married parents, is governed by the law of the State in which the child has his habitual residence or, alternatively, by the national law of the mother. If the foreign national law of the mother or father requires an acknowledgement of maternity, this will be publicly notarized. The same rules as for the acknowledgement of paternity apply.
• A recognition under condition or time determination is ineffective.
• Recognition also requires the consent of the child if the mother does not have parental authority in this respect.
• Anyone who is limited in legal capacity can only recognize himself, but requires the consent of the legal representative. For legally incapacitated, the legal representative may recognize with the permission of the family court.; if the legal representative is a supervisor, the approval of the supervision court is required.
• For a legally incompetent child, or a child who is not yet 14 years old, only the legal representative can agree to the recognition.
• Acknowledgements or consents cannot be declared by an authorized person.

Recognition of maternity is free of charge. If applicable, fees for insurance in lieu of an oath and an interpreter

The recognition of maternity can be given in any stadium office, at all youth welfare offices and notaries.

• The appreciative woman declares to be the mother of the child.
• The registrar must check the declaration of recognition in order to prevent ineffective recognitions as far as possible.
• In particular, tested:
• The identity of the acknowledgment, the mother and the child
• The legal capacity of the parties involved
• Any previous status determinations
• The registrar clarifies the consequences of the name law.
• The recognition is publicly certified

• Depending on the individual case

The declaration of recognition can be issued for an unlimited period of time, even before the birth of the child (prenatal recognition), after its death (postmortem recognition) also for stillborn children.

• Contradiction
• Appeal
• Determination procedure

According to German law, motherhood results solely from the fact of birth: the mother of the child is the woman who gave birth to it.

• Recognition of maternity only applies if the paternity of a child, not married parents, must be determined according to the law of the state in which the child has his habitual residence or, alternatively, according to the national law of the mother. (cf. Art. 19 sec. 1 sentence 1 EGBGB

• The recognition of maternity is certified in public form.
• Responsible is every registry office, all youth welfare offices and notaries.

Responsibility lies with:

• the registry office,
• the Youth Welfare Office or
• Notary.

• Forms: at the registry office
• Online procedure possible: no
• Written form required: yes
• Personal appearance required: yes