Vaterschaftsanerkennung
Inhalt
Begriffe im Kontext
- Geburt, Sorgerecht für Minderjährige, elterliche Pflichten, Vorschriften für Leihmutterschaft und Adoption, einschließlich Stiefkindadoption, Unterhaltspflichten für Kinder bei grenzüberschreitenden familiären Gegebenheiten
Fachlich freigegeben am
Fachlich freigegeben durch
- Section 44 Civil Status Act (PStG)
- 1594 to 1598 BGB , Section 1599 BGB
- If you wish to make a declaration recognising paternity towards a child and a declaration of consent from the mother, this can be publicly certified by registrars in any registry office, at youth offices and in front of notaries.
A declaration by which paternity to a child is acknowledged, as well as the mother's declaration of consent, can be notarized in any registry office, at youth welfare offices and before notaries. An effective acknowledgement of paternity can be made if there is no paternity of another man to this child. The acknowledgement of paternity and the mother's declaration of consent, are notarized in public form.
Acknowledgment of paternity is possible even before the child is born.
According to German law, the woman who gave birth to the child is the mother of the child. Recognition of maternity is generally not required. If an acknowledgement of maternity or a declaration of consent by a legal representative is required, these must also be notarized by a registry office, by the youth welfare office, or by notaries.
If the foreign home law of the mother or father requires a maternity recognition, it can also be publicly notarized. The same regulations apply as for paternity acknowledgment.
- Recognition and consent must be publicly certified.
- The recognition of paternity can be given in any stadium office, at youth offices and notaries.
- Recognition is not in need of reception and does not require receipt by a particular registry office or other authority for its effectiveness.
- The prohibition of abusive recognition of paternity in accordance with Section 1597a.
- Recognition of paternity towards a child is not effective as long as the paternity of another man exists (blocking effect).
- Recognition under condition or time determination is ineffective.
- There must be no effective revocation of the appreciative.
- Recognition requires the consent of the mother.
- Recognition also requires the consent of the child if the mother is not entitled to parental care in this respect.
- The effectiveness of the Declaration of Recognition of Paternity does not depends on actual parentage; the (legal) paternity arises solely through the effective submission of the declarations of recognition and all the necessary declarations of consent. Recognition of paternity may also be given before the birth of the child.
- Those who are limited in their ability to do business can only recognize themselves, but require the consent of the legal representative. For incapacitated persons, the legal representative may, with the permission of the Family Court, recognise; if the legal representative is a supervisor, the approval of the care court is required.
- The same rules apply to the consent of the mother.
- For a child who is incapacitated, or a child who is not yet 14 years of age, only the legal representative can agree to recognition.
- Recognitions or consents cannot be declared by an authorised person.
The acknowledgement of paternity and also the declarations of consent are free of charge.
If necessary, 35 € for the affirmation in lieu of oath of an interpreter.
de.xoev.schemata.xzufi._2_2_0.StringLocalized@45a4a5d9Recognition of paternity and also declarations of consent can be given in any stadium office, youth offices and notaries.
- The appreciative man declares to be the father of the child.
- The registrar must examine the declaration of recognition in order to prevent ineffective recognitions as far as possible.
- In particular, audited:
- The identity of the appreciative, the mother and the child
- The business capacity of the parties
- Any previous status findings
- The registrar clarifies the consequences of the name.
- Recognition is publicly certified
- The declaration of recognition may be given indefinitely, even before the birth of the child (prenatal recognition), after his death (postmortem recognition) also for stillborn children.
- The recognition of paternity is certified in public form.
- Each registry office, youth offices and notaries are responsible
- Effective recognition of paternity can take place if there is no paternity of another man towards that child.
- Recognition of paternity is possible even before the birth of the child.