What is the new law about?
According to the federal government, so-called “sham paternity” cases occur time and again. In these cases, men with German citizenship or secure residency status acknowledge paternity of a foreign child even though no genuine family relationship exists.
Recognition of paternity may result in residency benefits for both the child and the mother. Under certain conditions, the child may be granted German citizenship or a right of residence. This, in turn, may confer a right of residence on the mother.
The new law therefore stipulates that immigration authorities must review and approve cases in certain instances before paternity is recognized. However, not all families are affected.
Who is affected - and who is not?
The new law primarily affects families in which there is a so-called “discrepancy in residence status” between the parents. This is the case when one parent has German citizenship or a Settlement permit , while the other parent holds only a Tolerance permit, a temporary residence authorization, or an uncertain Residence permit .
In such cases, the Foreigners' office will Foreigners' office verify whether a family relationship between the father and the child actually exists. Paternity can be recognized only after the agency gives its approval.
This does not apply to families in which the person acknowledging paternity is the child’s biological father. Even if the father assumes responsibility for the child (for example, by paying child support), the authorities are not required to review the case. The same applies if the parents are married or if the man is already the father of another child of the woman.
According to the federal government, genuine family relationships are to remain protected by law.
When will the law come into force?
The Bundestag has already passed the law. Now the Bundesrat is reviewing it. The law will take effect as soon as it is published in the Federal Law Gazette. This is expected to happen within the next few weeks.
