Why is the federal government introducing this law?
According to the federal government, there are repeated cases in which paternity is not recognized for family reasons, but rather to obtain residence permit benefits.
This concerns cases in which a man with German citizenship or a Settlement permit acknowledges paternity for a foreign child. Or vice versa: when a man with uncertain residence status acknowledges paternity for a German child.
Recognition can result in legal advantages. For example, a foreign child can obtain German citizenship more quickly. This, in turn, can also secure the residence status of one of the parents. In addition, entitlement to social benefits may arise if these are linked to the status of the child or one of the parents.
With the new law, the federal government wants to prevent paternity from being recognized solely for the purpose of obtaining such residence law advantages.
At the same time, the draft law makes it clear that if there is a genuine family relationship —for example, because the man is the biological father or actually cares for the child—recognition is not a problem. The aim of the law is not to disadvantage genuine families, but to prevent abusive recognitions.
What will change as a result of the new law?
The most important point of the draft law: In certain cases, the Foreigners' office give its approval before paternity is recognized.
Previously, the procedure was different: paternity could be officially certified—for example, at the youth welfare office, registry office, notary, or court. Only if there were concrete indications of possible abuse was the Foreigners' office .
The new law aims to change this. In certain circumstances, an automatic review process will be initiated. This means that in these cases, paternity will only become effective once the Foreigners' office has given Foreigners' office approval.
When does the Foreigners' office have to Foreigners' office ?
In future, approval from Foreigners' office required if there is a so-called "residence status disparity" between the persons involved. This refers to a difference in the legal situation regarding residence status.
This is the case, for example, when:
- the mother or recognized father Settlement permit German citizenship or a Settlement permit , while the other person only has a residence permit or Tolerance permit ,
- a person is required to leave the country,
- a person has only entered with a Schengen visa,
- or if the mother or recognized father is still abroad and does not have a secure right of residence in Germany.
In such cases, paternity will only become effective once the Foreigners' office has Foreigners' office . Without this approval, the registry office may not enter the father in the birth register.
If paternity is nevertheless registered without consent, the Foreigners' office must inform Foreigners' office registry office. In this case, the registration can be reviewed and corrected if necessary.
When is consent not required?
The law expressly contains exceptions. It is not intended to complicate genuine family relationships.
Approval by the authorities is not necessary if:
- the person acknowledging paternity is demonstrably the biological father (for example, through a genetic test),
- the person acknowledging paternity is already the father of another child by the same mother,
- the parents are married and the marriage is registered in Germany,
- or the parents have been registered together in Germany for at least 18 months and live together.
Important: Biological fathers and fathers who actually take responsibility for the child should not be disadvantaged by the law.
How does the Foreigners' office check Foreigners' office possible abuse?
The draft law contains so-called presumption rules. These are intended to Foreigners' office it Foreigners' office for the Foreigners' office to investigate cases of abusive recognition.
Misuse may be suspected, for example, if:
- the mother and father cannot communicate with each other (i.e., they do not speak the same language or can only do so to a very limited extent),
- they only met to carry out the recognition,
- a person has acknowledged paternity for several children within a short period of time,
- Money or other benefits were promised in exchange for recognition,
- Parties fail to appear at appointments or refuse to provide important information.
Conversely, it is assumed that there is no abuse if:
- the parents have been living together in the same household for at least six months,
- the person seeking recognition has been paying regular maintenance for at least six months,
- or has had regular contact with the child for at least six months.
The parties involved must cooperate in the proceedings and submit the relevant evidence.
Will the process take longer?
The Foreigners' office generally make a decision within four months. If it fails to do so, approval is deemed to have been granted (known as deemed approval). However, in certain cases, the deadline may be extended, for example if documents are missing, deadlines have not been met, or the obligation to cooperate has been violated.
Deportation may be suspended for the duration of the review process until a decision has been made.
What happens if incorrect information is provided?
What is new is that anyone who deliberately provides false or incomplete information in order Foreigners' office approval from the Foreigners' office is liable to prosecution under the new law. The use of approval obtained by deception can also have criminal consequences.
Furthermore, consent that has already been given can be withdrawn if it was obtained through deception, threats, or bribery.
This can have far-reaching consequences:
- Paternity becomes legally invalid.
- Residence permit derived from the child's paternity or German citizenship may be waived.
- The child's German citizenship may be lost again.
The draft law sets out clear deadlines for this. Within these deadlines, the Foreigners' office can withdraw Foreigners' office approval. As a general rule, withdrawal is only possible up to five years after the paternity has been entered in the birth register.
After this period has expired, legal certainty should prevail. Paternity then remains valid—even if there were originally irregularities.
If the child has obtained German citizenship through recognition, additional protective rules apply :
- If the child was already older than five years of age at the time of recognition, withdrawal is only permitted within two years of recognition.
- If the child reaches the age of five during the five-year period, withdrawal is only possible within two years of reaching the age of five—and no later than five years after registration.
This is intended to provide special protection for the fundamental right to retain German citizenship.
Who does the new law affect—and who does it not affect?
This mainly affects cases where there is a significant difference in status between the mother, the child, and the acknowledging father. This is particularly true when the acknowledgment results in advantages in terms of residence rights.
Not affected are:
- Couples without differences in residence status,
- biological fathers with appropriate proof,
- Stable family structures with a shared lifestyle.
For migrants, this means that anyone who has a genuine family relationship and can prove it should not be disadvantaged by the law. Anyone who attempts to obtain a right of residence through paternity will face significantly stricter checks in future.
What happens now?
The draft bill will be debated for the first time in the Bundestag next week (February 25). Changes may still be made during the further parliamentary process.
Whether and when the law will come into force has not yet been decided. A majority in parliament is considered likely. One thing is clear: the federal government wants to significantly tighten the existing regulations and involve the immigration authorities more closely in paternity recognition procedures in the future.
