Apply for a declaration of custody
Advice and settlement on paternity issues and maintenance issues for children (up to 18 years of age). Advice also takes place for young adults (up to the age of 21 = 21st birthday) and on the topic of childcare support on the occasion of birth (§ 1615 l...
- Advice and settlement on paternity issues and maintenance issues for children (up to 18 years of age).
- Advice also takes place for young adults (up to the age of 21 = 21st birthday) and on the topic of childcare support
- on the occasion of birth (§ 1615 l Civil Code).
If, as parents of a child together, you are not married to each other at the time of its birth, only the mother has legal custody.
Written information can be provided about the mother's sole custody, the so-called negative certificate.
If you would like to have joint custody, both parents must declare this to the youth welfare office or a notary and have it certified.
You can also submit the declaration of custody if your child has not yet been born but has already been conceived.
However, this is still possible and necessary even after the birth if you do not marry each other and do not want to seek legal settlement.
A declaration of custody must be publicly recorded.
You can arrange this at the youth welfare office responsible for you or, for a fee, at a notary.
After agreeing declarations of custody have been submitted, parental custody can only be changed through a decision by the family court.
Important notes
Prerequisites
- The parents are not married to each other.
- There is legal paternity (through effective recognition or judicial determination)
- The child does not have to be born yet, but it must have been conceived.
- A court decision regarding parental custody has not yet been made.
- The parents must appear in person.
- In principle, the parents must have legal capacity. The declaration of custody by a parent with limited legal capacity requires the consent of their legal representative.
- Both parents speak sufficient German. If this is not the case:
- Youth Welfare Office: If you need an interpreter, please indicate the language you require when making the appointment.
- Notary: If you need an interpreter, you must bring an interpreter with you to the appointment. This person must have a valid identity document and must not be related or related by marriage to the child's parents.
Documents required
Please ask when making an appointment, as this can vary depending on the situation.
- Personal appearance is necessary.
- ID cards of both parents
- Proof of pregnancy (medical certificate or corresponding page of the maternity record).
- Interpreter for language barriers
- Postnatal certification:
- ID cards of both parents
- Birth certificate of the child if the father is already registered
- Paternity recognition
- If necessary, interpreter
Please note
Declarations of custody can only be submitted to the youth welfare office (also possible before birth); both the youth welfare office (also before birth) and the registry office accept paternity acknowledgments in connection with the birth certificate (see link - Birth certificates for newborns).
In principle, all certifications to be carried out in this context can be carried out at any youth welfare office in Germany. Alternatively, these declarations can also be made to a notary.
The same procedure applies to children who were born abroad, with the difference that the custody register for all of these children is kept centrally in Berlin. The contact person for all youth welfare offices and embassies is:
Senate Department for Education, Youth and Family
III B 44
Bernhard-Weiß-Straße 6
10178 Berlin.
Deadlines
The child must still be a minor at the time the custody declaration is submitted.
Procedure & Fees
Procedure
If this has not already been done, the father must first effectively acknowledge paternity.
- Both parents must appear in person
- At the appointment you will be informed about the legal consequences of the custody declarations. This will then be read to you and signed by both parents.
- Both parents receive certified copies of the certificate.
Senate Department for Education, Youth and Family
III B 44
Bernhard-Weiß-Straße 6
10178 Berlin.[A1] [A2]
[A1]From HaSI
The content is methodologically incorrect. Please remember to use citizen-friendly language when formulating your comments. See explanatory text
[A2]Concrete information should be given here as to what is meant?
Fees
No
Legal notes
Legal remedies
Notarization is a free expression of will; there is no legal remedy. Only the family court can make changes.
Legal basis
- § 1626d Civil Code (BGB)
URL: https://www.gesetze-im-internet.de/bgb/__1626d.html
Downloads & Links
Forms and downloads
Find out your responsible facility
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Last updated: 12.05.2024