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Acknowledging or establishing paternity: here is how

If the parents are not married at the birth, the man does not automatically become the legal father. Only the acknowledgment of paternity (or a judicial establishment) creates the legal connection, with consequences for custody, maintenance and inheritance law.

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Clarify the question

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The legal father is whoever is married to the mother, has acknowledged paternity, or whose paternity has been established by a court (§ 1592 BGB). The acknowledgment is done at the registry office, youth office or notary and needs the mother's consent.
If there are doubts about the biological paternity, there is the challenge, but only within the statutory deadline (usually two years from becoming aware of the circumstances, § 1600b BGB).

What you should do now

  1. 1

    1. Clarify the path

    By agreement (acknowledgment) or in dispute (judicial establishment)?

  2. 2

    2. Certify the acknowledgment

    At the registry office, youth office or notary with the mother's consent, usually free of charge at the youth office.

  3. 3

    3. Consider the consequences

    With paternity come maintenance obligations, inheritance and, where applicable, custody questions.

  4. 4

    4. If in doubt: watch the deadlines

    For a challenge a deadline applies (usually 2 years from becoming aware); get advice in good time.

Frequently asked questions

How do I acknowledge paternity?

Through a declaration at the registry office, youth office or notary, to which the mother must consent (§ 1592 Nr. 2 BGB). At the youth office this is usually free of charge. With the acknowledgment the man becomes the legal father, with all rights and duties (maintenance, inheritance law; custody must be arranged separately).

Can I challenge a paternity?

Yes, if there are doubts about the biological paternity, but only within the deadline of usually two years from becoming aware of the circumstances that speak against paternity (§ 1600b BGB). Entitled to challenge are, among others, the legal father, the mother and the child. Get advice early because of the deadlines.

Take action now

We put together the ready-made texts and the right places to contact for you.

General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.