Anerkennung Vaterschaft Vor Der Geburt

Many parents choose to handle certain legal aspects of parenthood even before their child is born. One crucial step is the acknowledgement of paternity, known in German as Vaterschaftsanerkennung. This article explains what pre-birth paternity acknowledgement entails in Germany, why it's important, how to do it, and what to consider.

What is Vaterschaftsanerkennung (Paternity Acknowledgement)?

Vaterschaftsanerkennung is the legal act by which a man declares himself to be the father of a child. This declaration is legally binding and has significant consequences regarding the child's rights and the father's responsibilities.

Why Acknowledge Paternity Before Birth?

While acknowledging paternity can be done after the child's birth, doing it before offers several advantages:

• Simplified process after birth: It streamlines the birth registration process. The father's name can be immediately entered on the birth certificate, saving time and potential paperwork later.
• Joint Custody Considerations: If the parents are unmarried, acknowledging paternity is a prerequisite for potentially obtaining joint custody (gemeinsames Sorgerecht) of the child. While paternity acknowledgement doesn't automatically grant joint custody, it's a crucial first step. A separate declaration of joint custody is then required.
• Financial Security for the Child: Acknowledging paternity establishes the father's legal obligation to provide child support (Kindesunterhalt). This ensures the child's financial well-being from the moment of birth.
• Inheritance Rights: The child gains inheritance rights from the father.
• Psychological Benefits: For some parents, the formal acknowledgement before birth provides a sense of security and commitment, strengthening the family bond.

Who Can Acknowledge Paternity Before Birth?

Generally, any man who believes himself to be the biological father of the child can acknowledge paternity before birth. However, certain conditions must be met:

• The mother must agree to the acknowledgement. The mother's consent is absolutely essential. She will be required to sign a declaration confirming that the man is the father.
• No other man can be legally recognized as the father. If the mother is married at the time of the child's birth or conception, her husband is automatically considered the legal father unless a successful challenge to paternity (Vaterschaftsanfechtung) has been completed.
• Both the man and the mother must be legally competent to make declarations. This typically means being at least 18 years old and of sound mind.

How to Acknowledge Paternity Before Birth: A Step-by-Step Guide

The process of acknowledging paternity before birth involves several steps:

1. Contact the Jugendamt (Youth Welfare Office) or a Notary: The Vaterschaftsanerkennung must be officially recorded. This can be done at the Jugendamt, which offers this service free of charge, or by a notary public (Notar), who will charge a fee. Many Jugendämter require an appointment to be scheduled in advance. It's recommended to contact them early in the pregnancy.
2. Required Documents: Both the man acknowledging paternity and the mother will need to bring specific documents. These usually include:
   • Personal identification documents (ID card or passport): These documents must be valid and show a clear photograph.
   • Birth certificates: This confirms the identity of both parties.
   • Mother's maternity passport (Mutterpass): This document contains important information about the pregnancy, including the expected due date.
   • If applicable, divorce decree or death certificate of a previous spouse: If either party was previously married, proof of the termination of that marriage is required.
   It's always a good idea to confirm the exact documents required with the specific Jugendamt or notary beforehand.
3. Declaration of Acknowledgement: At the Jugendamt or notary's office, the man will formally declare that he is the father of the child. This declaration will be recorded in writing.
4. Mother's Consent: The mother must provide her written consent to the paternity acknowledgement. This consent is also recorded.
5. Official Recording: The Jugendamt or notary will then officially record the Vaterschaftsanerkennung. You will receive a confirmation document as proof of the acknowledgement.

Language Considerations

If you are not fluent in German, it is crucial to ensure that you fully understand all the information and documents involved. Consider bringing a translator or asking the Jugendamt or notary if they can provide interpretation services. Misunderstandings can have serious legal consequences.

Challenging a Vaterschaftsanerkennung

While the Vaterschaftsanerkennung is a legally binding declaration, it is possible to challenge it under certain circumstances. This is known as Vaterschaftsanfechtung. Grounds for challenging paternity may include:

• Doubts about biological paternity: If there is reason to believe that the acknowledged father is not the biological father, a DNA test can be ordered by the court.
• Coercion or fraud: If the paternity acknowledgement was obtained through coercion or fraud, it may be challenged.

The Vaterschaftsanfechtung process is complex and typically requires legal representation. If you have concerns about the validity of a paternity acknowledgement, it is essential to seek legal advice from a qualified lawyer.

Joint Custody (Gemeinsames Sorgerecht) After Paternity Acknowledgement

As mentioned earlier, acknowledging paternity is a prerequisite for potentially obtaining joint custody if the parents are unmarried. It does not automatically grant joint custody. To obtain joint custody, the parents must make a separate declaration (Sorgerechtserklärung) stating that they wish to share parental responsibility for the child. This declaration can be made at the Jugendamt or a notary. If the parents are unable to agree on joint custody, a court can decide on the matter.

It is important to understand that joint custody involves sharing all aspects of parental responsibility, including the child's upbringing, education, healthcare, and financial support.

Child Support (Kindesunterhalt)

Once paternity is acknowledged, the father is legally obligated to provide financial support for the child. The amount of child support is determined based on the father's income and the child's needs, according to the Düsseldorfer Tabelle (Düsseldorf Table), a guideline used by German courts to calculate child support payments.

The mother is also obligated to provide support, typically through caring for the child. If the mother has a significantly higher income than the father, she may also be required to contribute financially.

Conclusion

Acknowledging paternity before birth in Germany is a significant legal step with lasting consequences. It simplifies the birth registration process, secures the child's rights and financial well-being, and opens the door to potential joint custody. By understanding the process, requirements, and implications, parents can make informed decisions that benefit their child and their family. Always seek professional legal advice if you have any doubts or complex situations.