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Recognizing motherhood

Under certain circumstances, it may be necessary for you to have it publicly certified that you are the mother of your child.

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Detailed description

Under German law, motherhood arises solely from the fact of birth: you are the mother of a child if you have given birth to it.

If the law of another country applies to your mother-child relationship, it may be necessary for you to acknowledge your motherhood before the relevant authority and have this publicly certified. This may be the case if

  • You are not married to the child’s father,
  • Your child has his or her habitual residence in another state,
  • Your home law or that of the child’s father requires recognition
 

Information

Prerequisites

  • Your recognition also requires the consent of your child if you, as the mother, do not have custody. For a child who is legally incapable or a child who is not yet 14 years old, only the legal guardian can consent to the recognition.
  • If you are limited in your legal capacity, you will need the consent of your legal representative.
  • For those who are incapable of doing business, the legal representative can do so with the approval of the family court. If the legal representative is a guardian, the approval of the guardianship court is required.
  • Acknowledgements or consents cannot be declared by an authorized person.
  • Recognition must not be subject to any condition or time limit.

Documents required

Proof of identity (e.g. identity card, passport or other identification document)

Please note

No

Deadlines

No

Procedure

  • You declare that you are the mother of the child.
  • The responsible authority will check your recognition and inform you of any possible legal consequences.
  • The competent authority will certify your recognition publicly in writing.

Processing time

The certification process takes approximately 20 minutes.

Fees

No

Legal remedies

Contradiction


Challenge


Determination procedure

Legal basis

Art. 19 para. 1 sentence 1 Introductory Act to the German Civil Code (EGBGB)

https://www.gesetze-im-internet.de/bgbeg/BJNR006049896.html#BJNR006049896BJNG032901360


§ 27 Civil Status Act (PStG)

https://www.gesetze-im-internet.de/pstg/__27.html


§ 44 Civil Status Act (PStG)

https://www.gesetze-im-internet.de/pstg/__44.html


§§ 1591 - 1599 German Civil Code

https://www.gesetze-im-internet.de/bgb/__1591.html

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Last updated: 11.03.2025