Recognition of maternity

  • Service description

    A declaration recognising the motherhood of a child can be notarised at any registry office, at youth welfare offices and before notaries.

    Maternity is only recognised in cases where the parentage of a child of unmarried parents is governed by the law of the state in which the child has its habitual residence or, alternatively, by the mother's home law.

    If the mother's or father's home country law requires a maternity acknowledgement, this will be officially notarised. The same rules apply as for paternity acknowledgement.

  • Procedure

    Recognition of maternity can be submitted to any municipal office, youth welfare office or notary.

    • The recognising woman declares that she is the mother of the child.
    • The registrar must check the declaration of recognition in order to prevent ineffective recognition as far as possible.
    • Checked in particular:
    • The identity of the recogniser, the mother and the child
    • The legal capacity of the parties involved
    • Any previous status determinations
    • The registrar will explain the legal consequences of the name.
    • The recognition is publicly notarised
  • Responsible office

    The responsibility lies with:

    • the registry office,
    • the youth welfare office or
    • Notary public.
  • Prerequisites

    • Recognition must be publicly notarised.
    • Recognition of maternity can be submitted to any municipal office, youth welfare office or notary.
    • Recognition and consent are not subject to receipt and do not require acceptance by a specific registry office or other authority to be effective.
    • Maternity is only recognised in cases where the parentage of a child of unmarried parents is governed by the law of the country in which the child has its habitual residence or, alternatively, by the mother's home law. If the mother's or father's home country law requires a maternity acknowledgement, this will be publicly notarised. The same rules apply as for paternity acknowledgement.
    • Recognition subject to a condition or time limit is invalid.
    • Recognition also requires the child's consent if the mother is not entitled to parental custody in this respect.
    • Anyone with limited legal capacity can only recognise themselves, but requires the consent of their legal representative. In the case of incapacitated persons, the legal representative can recognise with the approval of the family court; if the legal representative is a guardian, the approval of the guardianship court is required.
    • For a legally incapacitated child or a child who is not yet 14 years old, only the legal representative can consent to recognition.
    • Acknowledgements or consents cannot be declared by an authorised person.
  • Which documents are required?

    Proof of identity (e.g. identity card, passport, ID card)

  • What fees are incurred?

    Recognition of maternity is free of charge. Fees for the declaration in lieu of an oath and for an interpreter, if applicable

  • What deadlines do I have to observe?

    The declaration of recognition can be made for an unlimited period of time, even before the birth of the child (prenatal recognition) and after the child's death (post-mortem recognition), as well as for stillborn children.

  • Processing time

    • Depending on the individual case
  • Legal basis

  • Legal remedy

    • Contradiction
    • Contestation
    • Determination procedure
  • Applications / Forms

    • Forms: at the registry office
    • Online procedure possible: no
    • Written form required: yes
    • Personal appearance required: yes
  • Short text

    Under German law, maternity arises solely from the fact of birth: the mother of the child is the woman who gave birth to it.

    • Maternity is only recognised if the parentage of a child of unmarried parents must be determined according to the law of the state in which the child has its habitual residence or, alternatively, according to the mother's home law. (cf. Art. 19 para. 1 sentence 1 EGBGB
    • Recognition of maternity is notarised in public form.
    • Every registry office, all youth welfare offices and notaries are responsible.
  • Issuing body

    Forwarding service: Deep link to the original portal
  • Typing

    2/3
  • Library entry status

    5

Responsible departments

Responsible employees