Sorgeerklärung beurkunden

If the parents are not married to each other at the time of the child's birth, they are entitled to joint parental custody if they make a declaration of custody.

If the parents are not married to each other at the time of the child's birth, they are jointly entitled to parental care if they declare that they want to take over care jointly (declaration of custody). A declaration of custody must be publicly notarized.

You can arrange for this at the youth welfare office responsible for you or, for a fee, with a notary public. In the event of a dispute, only the family court can revoke a declaration of custody. It is therefore advisable to seek advice on the rights and obligations arising from the declaration of custody.

Acknowledging paternity is a prerequisite for a joint declaration of custody. If you have not already done so, you can declare paternity and custody jointly at the youth welfare office.

If the declaration of custody is not made, then the mother has sole custody.

The custody certificate, on the other hand, is required to confirm the mother's sole custody.

• Identity card or passport of the parents
• Consent of the legal representative, if one parent is still a minor
• Birth certificate of the child in which the father is registered or mother's passport in case of prenatal declaration of custody
• Certificate of acknowledgement of paternity with declaration of consent by the mother or court order establishing paternity

• The parents are not married to each other
• Paternity is effectively acknowledged
• The child does not need to be born yet, but it must be conceived
• A court decision on parental care has not yet been made
• The parents must appear in person
• Both parents speak sufficient German. Should this not be the case

Jugendamt (Youth Welfare Office): Should you require an interpreter, please state the language required when making the appointment.

Notary: Should you require an interpreter, you must bring an interpreter with you to the appointment. This person needs a valid identity document and must not be related to the child's parents by blood or marriage.

Youth Services: There are no fees.
Notary: approx. 80,- EUR plus expenses

For the declaration of custody, you must make an appointment in person at the youth welfare office responsible for you locally or at a notary's office:

• If not already done, the father must acknowledge paternity.
• Both parents must appear in person, preferably together.
• At the appointment, you will be informed about the legal consequences of the declaration of custody. This will then be read out to you and signed by both parents.
• Both parents will receive certified copies of the document.

The appointment usually lasts between 30 to 60 minutes. The certificates are handed out directly in the appointment.

The child must still be a minor.

The declaration of custody does not have to be made jointly.

It is permissible even before the birth of the child.

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• Declaration of custody Notarization
• Parents who are not married to each other can declare joint custody of their child.
• A personal appointment is a mandatory prerequisite
• This declaration of custody is made in a document.
• A later change of joint parental care is only possible by court decision.
• The local youth welfare office (free of charge) or a notary (subject to a fee).

Please contact

• free of charge to the notary publics at the youth welfare offices of the administrative districts or the independent cities or
• for a fee to notaries

The notarizing office notifies the Youth Welfare Office responsible for the child's place of birth of the submission of custody declarations and consents, stating the child's place of birth and the name the child had at the time of the notarization of his or her birth.

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