Advice and assistance in establishing paternity
If you have a child and are not married to the child's father, the father does not automatically become the child's legal father. This involves voluntary recognition of paternity. If the father does not voluntarily acknowledge paternity or it is unclear...
If you have a child and are not married to the child's father, the father does not automatically become the child's legal father. This involves voluntary recognition of paternity. If the father does not voluntarily acknowledge paternity or it is unclear who the father is, there is also the option of establishing paternity through court. You can get advice from the youth welfare office. The youth welfare office also supports you in determining paternity. Once paternity has been established, you can clarify other things:
- Child support claims
- Maintenance claims of the mother
- care
- Inheritance rights of the child
- Granting the father's name
But the child also has a right to know his or her origins. You can apply for guardianship to establish paternity. The guardianship does not restrict parental responsibility. The guardian represents the child in the context of establishing paternity. The guardian can act on behalf of the child out of court and in court. If legal paternity has been established, the advisor can also clarify questions of maintenance. Specifically, the advisor can do the following:
Important notes
Prerequisites
You can seek advice on the topic at any time. The expectant mother can apply for guardianship before the birth of the child if she is not married and the parents have not submitted joint custody declarations. After birth, guardianship can be applied for at any time until the child comes of age.
Documents required
Depending on the need. No special documents are required for advice. If existing documents are brought to the initial consultation, this will enable targeted advice.
Please note
- The youth welfare office also does the following:
- The Youth Welfare Office advises and supports you in asserting maintenance claims.
- The youth welfare office certifies paternity acknowledgments and consents, maintenance claims, declarations of joint custody and maternity acknowledgments.
- The youth welfare office issues certificates for unmarried mothers stating that there is no entry in the custody register and that the mother therefore has sole custody
Deadlines
There are no special deadlines to be observed. Upon receipt of the application for guardianship, the youth welfare office will immediately assist the child. The assistance ends as soon as you inform the youth welfare office in writing.
Procedure & Fees
Procedure
Make an appointment with the local youth welfare office. If you wish, the appointment can also take place at home. For assistance, a written application to the local youth welfare office is sufficient. Upon receipt of the application, the youth welfare office will immediately assist the child. The youth welfare office at the applicant parent’s place of residence is responsible.
Establishing paternity can also take place as part of a counseling and support process. If the father voluntarily acknowledges paternity during this process, no assistance is necessary. This will be decided on a case-by-case basis.
Processing time
Depends on the father's involvement
Fees
The advice and assistance are free of charge. In individual cases, costs may arise as a result of legal proceedings conducted within the framework of legal assistance.
Legal notes
Legal basis
- § 52a Social Code - Book Eight (SGB VIII)
https://www.gesetze-im-internet.de/sgb_8/__52a.html