New rule: Recognition of paternity only with the consent of the Foreigners' office

Stricter measures against abuse

The German government has introduced a new rule stating that paternity recognition for foreign fathers is only possible with the consent of Foreigners' office . This measure is intended to prevent paternity from being abusively recognized in order to obtain residence rights.

Why the new rule?

The new rule was introduced to ensure that paternity is not only recognized for reasons of migration law. In recent years, several cases of so-called fictitious paternity have been identified, where paternity was only recognized in order to secure a right of residence for the child and the foreign father. With this measure, the federal government wants to prevent abuse and protect the integrity of the right of residence.

Requirements and grounds for refusal

The consent of Foreigners' office will be refused if there is a suspicion that the paternity is only being recognized for the purpose of granting residence. The test criteria include:

• The duration of the relationship between the parents.
• Previous acknowledgments of paternity by the father.
• The general background of the people involved.

However, consent can be granted if, for example, a paternity test is available or the parents marry after the birth of the child.

Criticism and discussion

Various organizations, such as the Association of Binational Families and Partnerships, criticize the new rule as discriminatory. They argue that the rule puts legitimate family structures at a disadvantage and creates additional bureaucratic hurdles that could make the integration of migrants more difficult. According to a recent survey, there have been 1,769 cases of suspected abuse in recent years, of which only 290 have been confirmed. Nevertheless, the government maintains that the new regulation is necessary.

Conclusion

The new rule on the recognition of paternity is causing intense debate. While the German government sees it as a necessary means of combating abuse, human rights organizations criticize the regulation as discriminatory and a potential barrier to integration. It remains to be seen how it will be implemented in practice and whether the hoped-for reduction in cases of abuse will actually occur.