Service Finder
Maternity recognition
Service Description
A declaration by which maternity to a child is recognized can be notarized in any registry office, at youth welfare offices and before notaries.
Recognition of maternity only applies in cases where the parentage of a child born to parents who are not married to each other is governed by the law of the country in which the child has its habitual residence or, alternatively, by the mother's home country law.
If the foreign law of the mother's or father's home country requires a maternity acknowledgment, this will be publicly authenticated. The same regulations apply as for the acknowledgement of paternity.
Process flow
The recognition of maternity can be submitted to any city office, youth welfare office or notary public.
- The recognizing woman declares to be the mother of the child.
- The registrar must check the declaration of recognition in order to prevent ineffective recognitions if possible.
- Specifically checked:
- The identity of the recognizer, the mother and the child.
- The legal capacity of the parties involved
- Any previous status determinations
- The registrar explains the legal consequences of the name.
- The recognition is publicly certified
Who should I contact?
- Youth welfare offices
- Notaries
- Registry offices
Competent authority
- Youth welfare offices
- Notaries
- Registry offices
Requirements
- The recognition must be publicly certified.
- The acknowledgement of maternity can be submitted to any city office, youth welfare office or notary public.
- Recognition and consent are not subject to receipt and do not require receipt by a particular registry office or other authority in order to be effective.
- Recognition of maternity is only applicable in cases where the parentage of a child born to parents who are not married to each other is governed by the law of the country in which the child has its habitual residence or, alternatively, by the mother's home country law.
If the foreign law of the mother's or father's home country requires a maternity acknowledgment, this will be publicly authenticated. The same rules apply as for paternity recognition.
- Recognition under condition or time provision is ineffective.
- The recognition also requires the child's consent if the mother is not entitled to parental care in this respect.
- A person with limited legal capacity can only acknowledge himself or herself, but requires the consent of the legal representative. If the legal representative is a guardian, the approval of the guardianship court is required.
- For an incapable child, or a child who is not yet 14 years old, only the legal representative can consent to the recognition.
- Acknowledgements or consents cannot be declared by an authorized person.
Which documents are required?
Proof of identity (e.g. identity card, passport, Id card)
What are the fees?
The recognition of maternity is free of charge.
If applicable, fees for the affirmation in lieu of an oath as well as for an interpreter
What deadlines do I have to pay attention to?
- The declaration of recognition can be made for an unlimited period of time, even before the birth of the child (prenatal recognition), after the death of the child (post-mortem recognition), as well as for stillborn children.
Processing duration
- Case-by-case
Legal basis
- Art. 19 Para. 1 Sentence 1 EGBGB
- § Section 27 PStG
- § Section 44 Personal Status Act (PStG)
- §§ Sections 1591 to 1599 BGB
Applications / forms
- Objection
- Contestation
- Declaratory proceedings
Appeal
at the registry office
Author
The text was automatically translated based on the German content.
Technically approved by
- Senator for the Interior, Department 23 - Personal Status Law, of the State of Bremen
Professionally released on
09.10.2020
Source: Zuständigkeitsfinder Thüringen (Linie6PLus)
No competent authority found
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