Sorgeerklärung - Beurkundung

If you, as a parent, are not married at the birth of a child, you have been jointly entitled to parental care since 19 May 2013.

If you as parents are not married to each other at the birth of a child, you are jointly entitled to parental care since the statutory regulation that came into force on May 19, 2013, if you declare that you want to jointly assume parental care (so-called declarations of care), if you marry each other or insofar as the family court assigns parental care to you jointly. Otherwise, the mother has parental care.

Such a declaration of custody must be publicly notarized. You can arrange for this at any youth welfare office of the municipality or district office or, for a fee, at a notary's office.

In the event of a dispute, only the family court can annul declarations of custody. It is therefore advisable to seek advice on the rights and obligations arising from the declaration of custody.

NOTE: If you have not already done so, you can also declare paternity together with joint custody before the Youth Welfare Office.

• Birth certificate of the child or mother's passport in case of prenatal custody
• Recognition of paternity or court order establishing paternity
• Identity card or passport

• Paternity must be legally recognised.
• The parents are not married to each other.
• The mother previously had sole custody (if the custody declaration is made only after birth).
• The parents are of legal age or their legal representatives agree to the declaration of custody.

• Certifications by the notary public of the Youth Welfare Office are free of charge.
• Notarizations by a notary public are subject to a fee.

• Before submitting a declaration of custody, let yourself be informed about the rights and obligations - for example, by the Youth Office or the notary who certifys.
• Unless it has yet to happen, the Father must acknowledge fatherhood.
• They must both appear in person for a certificate at the Youth Office or in the Notary Office.
• The notary or the employee of the Youth Office checks your documents and certifies the declaration of custody to be made by both parents.

To avoid legal problems, it is advisable to declare paternity acknowledgement and joint custody before or immediately after the birth of the child.

NOTE: The declaration of custody cannot be limited in time. It is therefore valid until the child reaches the age of majority.

The declaration of joint concern is entered in the so-called custody register in the youth office responsible for the place of birth of the child. Information from the custody register (negative certificate) is required, for example, for submission to financial institutions as proof that no declaration of joint custody has been made and therefore has sole custody.

• Parents who are not married to each other can exercise joint custody of their child/children (§ 1626 a BGB).

The declaration of joint custody is entered in the so-called custody register at the youth welfare office responsible for the child's place of birth.