Recognition of paternity; notarisation

The legal consequences of paternity in relation to a child born out of wedlock can only be invoked once paternity has been validly acknowledged or has been legally established by a court.

The vast majority of paternity determinations are based on voluntary acknowledgement. This must be declared and officially recorded before the Youth Welfare Office, the Local Court, the Registrar, the court hearing the paternity determination proceedings, or before a notary. Abroad, the competent consular officer takes the place of the notary. The acknowledgement must not be subject to any condition or time limit. It is permissible even before the child’s birth.

For the acknowledgement to take effect, the child’s mother must consent to it. In exceptional cases, the acknowledgement also requires the child’s consent if the mother does not have parental responsibility in this regard. The most important case is where the mother is a minor, in which case her parental responsibility is suspended. In such cases, the child is represented by the Youth Welfare Office as the official guardian (naturally, the minor mother requires the consent of her legal representatives—usually her parents—in order to give her own consent). Consent to the recognition must also be officially recorded.

If the man is not prepared to voluntarily acknowledge paternity, the child or the mother may apply for a declaration of paternity (however, an application by the man for such a declaration is also admissible, for example if, in his view, the mother is wrongfully refusing to consent to his declaration of acknowledgement).

The Family Court decides on the application for a declaration of paternity in paternity proceedings. As a rule, a genetic paternity report is obtained. If the report establishes a sufficiently high probability of paternity, the court declares that the man in question is the child’s father.

In addition to the application for a declaration of paternity, the child may apply for maintenance payments if they are a minor. The Local Court – Family Division may order the man to pay maintenance at the minimum rate retroactively from the date of birth; this entitlement takes effect once the man’s paternity has been legally established or he has validly acknowledged paternity. This is intended to ensure that the child obtains a maintenance order as quickly as possible. Upon application, the court may, under certain circumstances, also order the man to pay maintenance by way of an interim order even before the paternity determination becomes final. If it is disputed whether the father can pay less or more than the minimum maintenance, this must be decided in follow-up proceedings.

Both during the preparation of a voluntary acknowledgement and in paternity proceedings, the child may be legally represented by the Youth Welfare Office as a guardian ad litem.

Competence for certification:

Youth Welfare Office, Local Court, court hearing the paternity proceedings, Registry Office, notary; abroad, the competent German consular officer.

Competence for proceedings in matters of descent:

Local Court – Family Court.