Are you expecting a child but are not married? If so, you may have heard the term Vaterschaftsanerkennung (recognition of paternity).
In this interview with our paperwork expert Elodie Roux, we will go over everything you need to know about the Vaterschaftsanerkennung. Elodie is the founder of Baby in Berlin, offering expert help with German baby paperwork for international families.
Kathleen Parker from Red Tape Translation, who accompany couples to the Vaterschaftsanerkennung in Berlin multiple times a week, also contributed to this article.
Please note that the process described here applies to heterosexual couples only as the process for same sex couples works differently.
Who is a Vaterschaftsanerkennung for and why might I want to do it?
The Vaterschaftsanerkennung is only for unmarried parents. If you want the father of your child to be listed on your baby’s birth certificate in Germany but you are not married, you will need to do a recognition of paternity.
(If you are married, then you will not have to do this and you can stop reading here!)
What are the legal and financial implications of a recognition of paternity?
Having your partner recognized legally as the child’s father has some legal and financial implications, for example as it relates to public family insurance for the child through the father, inheritances, orphan’s pensions as well as child support.
You should also note that the father can only receive Elterngeld if the recognition of paternity has been applied for or been granted.
Is the Vaterschaftsanerkennung the same as the Sorgerecht?
No. The Vaterschaftsanerkennung is not the same as the Sorgerecht (custody).
For unmarried parents, the mother automatically receives sole custody of the child. If you want shared custody, you will need to also file a Sorgerechtserklärung (custody statement).
When should I get the Vaterschaftsanerkennung done?
In Germany, you can do the declaration of paternity before or after your baby is born. Doing it before your baby is born has the advantage that you don’t have to get the baby’s birth certificate updated later on.
It’s important to note that there can be long wait times (up to 4-6 months as is the case in Berlin) to get an appointment at the Jugendamt for a father's acknowledgement and declaration of custody. So it's a good idea start this process as soon as possible.
(Red Tape Translation can book your paternity/custody appointment in Berlin for a fee.)
Where can I get the Vaterschaftsanerkennung done and how much does it cost?
You can do the Vaterschaftsanerkennung
at your local Jugendamt (youth welfare office) – free
at the Standesamt (registry office) – usually a fee of around €30-40
at a district court – free
at a notary – usually free for the Vaterschaftsanerkennung
It's a good idea to check who can do what at what fee based on your requirements – for example if you also would like to get the declaration of custody done at the same time, which may involve an extra fee.
If you decide to bring a notary (to the Jugendamt for example), which you would need to pay extra for this.
You will both need to go to the appointment in person.
What documents do I need for the Vaterschaftsanerkennung?
You will need the following documents in German language or as a certified translation (plus an apostille for some countries):
Both parents’ valid and signed identity cards or passports (original)
Birth certificates of the parents
If your name differs from the name on your birth certificate, you must provide proof of this (e.g. certificate of name change, marriage certificate).
Your Mutterpass (only if you are doing the Vaterschaftsanerkennung before your baby is born)
The child’s birth certificate (only if you are doing the Vaterschaftsanerkennung after your baby is born)
You will need this if you are doing the recognition of paternity at the Jugendamt or notary’s office, or at a different Standesamt to the one that issued your child’s birth certificate
(You may like to have a look at our article about documents needed for your baby’s birth certificate to learn more about the need for translations and apostilles.)
Do I need an interpreter for the appointment?
It depends. If your German language skills are good then you won't need one. If the officials are concerned that you may not understand the terms of the agreement, then they will ask you to bring an interpreter.
A "normal" translator or fine for most offices who offer this but do check in case you need to bring a court sworn interpreter (which is the case, for example in Berlin Neukölln and sometimes in Berlin-Pankow).
You can book an interpreter for your paternity and/or custody appointment in Berlin via Red Tape Translation: Book a regular interpreter | book a court-sworn interpreter.
Anything else I should know?
If the mother and / or father are Italian, then you will also have to file a maternity declaration (Mutterschaftserklärung) in addition to the Vaterschaftserklärung.
If you need help communicating with the Berlin Jugendamt to make an appointment, or if you want some support in finding a notary (also no easy feat), Elodie from Baby in Berlin can help you for a fee.
Red Tape Translation also can help with booking an appointment in Berlin and providing an interpreter to accompany you.
Please note that only legal professionals may give detailed legal advice, so if you have questions about any of the above, you should contact a specialist lawyer.
Additional sources:
ServicePortal Berlin: "Vaterschaftsanerkennung erklären"
Haufe: "§ 2 Das "nichteheliche" Kind / 1. Familienversicherung/Krankenversicherung"
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