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Contesting paternity: deadline, conditions, and consequences

Anyone who is legally regarded as the father can contest paternity if he is not the biological father. This is possible only within a deadline and by certain persons. A successful contestation removes the legal paternity, with consequences for support, custody, and inheritance law.

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Paternity can be contested, generally within two years of learning of the circumstances that speak against paternity (§ 1600b BGB). Among those entitled to contest are the legal father, the mother, and the child.
The deadline is decisive: anyone who misses it can usually no longer contest paternity. A successful contestation has retroactive effect and ends support and inheritance claims, this must be weighed carefully.

What you should do now

  1. 1

    1. Check the deadline

    Clarify when you learned of the circumstances that speak against paternity, from that point the two-year deadline runs.

  2. 2

    2. Clarify entitlement

    Check whether you are entitled to contest (e.g. legal father, mother, child). Not everyone can contest.

  3. 3

    3. File an application with the court

    The contestation is made by application to the family court. A descent report (DNA) clarifies the biological paternity.

  4. 4

    4. Consider the consequences

    Consider the effects on support, custody, and inheritance law. Get advice before the contestation.

How to spot the scam

  • The two-year deadline is already running and you hesitate.
  • You assume you can contest at any time.
  • The consequences for the child are not considered.

Frequently asked questions

Who may contest paternity?

Generally the legal father, the mother, and the child, and under some circumstances the presumed biological father. The youth welfare office can act for the child in certain cases. Not every party involved is entitled to contest.

Which deadline applies?

In principle two years from learning of the circumstances that speak against paternity (§ 1600b BGB). If the deadline is missed, a contestation is generally no longer possible.

What are the consequences of a successful contestation?

The legal paternity lapses retroactively. This generally ends support obligations and the statutory inheritance right between the (supposed) father and the child. Because of this far-reaching effect, advice is important.

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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.