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Application for Consent to Paternity Acknowledgment
This page was translated from German using artificial intelligence. The translation may contain errors or inaccuracies. In case of doubt, the German original version prevails.
In cases of a residence law disparity between the parents, the acknowledgment of paternity is subject to the consent of the immigration office. This means the immigration office must approve the paternity acknowledgment.
If the required consent is missing, the acknowledgment of paternity is not effective.
The aim of the legal amendment is to prevent misuse of paternity acknowledgments.
A residence law disparity exists when one parent has a "secured" residence status and the other parent only has an "unsecured" residence status.
As secured residence status in this sense, the following are considered:
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German citizenship
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Citizens of an EU member state, provided they have freedom of movement
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Citizens of an EEA state, provided they have freedom of movement
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Residence permit as a Swiss national or their family member
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Permanent residence rights for family members of Union citizens
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Permanent residence rights for family members of EEA states
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Settlement permit
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Permanent residence permit-EU
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Residence rights under the EEC/Turkey Association Agreement
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Persons holding a residence status mentioned in § 16 of the Freedom of Movement Act/EU as per the EU-United Kingdom Withdrawal Agreement.
As unsecured residence status in this sense, the following are considered:
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Temporary suspension of deportation (Duldung)
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Existing obligation to leave the country, especially holders of a suspension of deportation, except for persons holding an employment suspension of deportation under § 60d of the Residence Act
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Schengen visa
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Persons who have not yet entered the federal territory and do not hold a residence title or only a Schengen visa
Despite a residence law disparity, there is no obligation for consent from the immigration office if:
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The father is verifiably the biological father,
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The father is the biological father of other children of the mother,
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The father is already the registered legal father of another child of the mother and the child is registered in a German birth register,
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The father and mother married each other after the child's birth and the marriage is registered in a German marriage register at the time of the acknowledgment declaration, or
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The father and mother have been registered in a German resident register with a common main residence for at least 14 months and have been living together under this main residence for 14 months.
In these cases, the paternity acknowledgment is effective without the immigration office's consent.
The parents are informed about the requirement for the foreigner's office's consent by the registry office that records the declaration or maintains the birth register. Obtaining consent is not carried out by the registry office but must be requested by both parents themselves, that is, by both the child's mother and father.
The jurisdiction of the foreigner's office is determined by the immigration-related jurisdiction of the parent who has an unsecured residence status.
If the parent with unsecured residence status is abroad, the local foreigner's office at the residence of the parent living in Germany is responsible.
If both parents are residing abroad, the respective German diplomatic mission in that country is responsible.
Note:
If one parent holds a temporary residence permit, there is no residence law disparity in the aforementioned sense, so the consent of the immigration office is not required.
Contact
For inquiries before submitting the application or during the application review process, the colleagues are available:
Ms. Block
Ms. Köster
Mr. Mlynczak
Complete and signed applications for consent to paternity acknowledgment should be sent via email to amt32@obk.de or by post to the immigration office.
