Why does the federal government want to change the law?
According to the federal government, there are frequent cases in which paternity is not acknowledged for family reasons, but rather to obtain the right to reside in Germany.
These cases often involve a man with German citizenship or a permanent Residence permit acknowledging paternity of a child born to a foreign mother. Through this acknowledgment, the child may also obtain a right of residence or even German citizenship. This, in turn, may result in the mother being granted a right of residence.
The federal government does not consider existing laws sufficient to prevent such cases of abuse of the right of residence. For this reason, immigration authorities are to be more closely involved in the process going forward. In certain cases, before recognizing paternity, they are to verify whether a family relationship actually exists or whether the recognition is primarily intended to secure a right of residence.
How is paternity currently established?
The process of acknowledging paternity is kept very simple under German family law. A man can acknowledge paternity of a child with the mother’s consent. The declarations are officially certified, for example, by the Youth Welfare Office, the Registry Office, a notary, or a court. The purpose of this provision is to simplify the process for mothers and children.
To prevent abuse, a rule was introduced as early as 2017: If the agency responsible for registering paternity notices any signs of abuse, it should contact the Foreigners' office . The office is then supposed to verify whether the paternity is being acknowledged solely to obtain a right of residence.
However, the federal government believes that this system is not working effectively. The reason: authorities responsible for certifying paternity are often unable to detect signs of fraud. For this reason, the new law provides that immigration authorities will be automatically involved in certain cases.
What would change under the new law?
Under the new law , paternity will not take effect in certain cases until the Foreigners' office has Foreigners' office . Furthermore, the father Foreigners' office entered in the birth registry without the approval of the Foreigners' office .
Under the new law, approval from Foreigners' office required if there is a so-called “discrepancy in residency status” between the parents. This refers to cases in which one parent has secure residency status, while the other parent has no residency status or only a limited one.
This is the case, for example, when:
- one parent has German citizenship or a Settlement permit , while the other parent has only a temporary residence permit or Tolerance permit ,
- if one parent is required to leave the country,
- if one parent entered the country only with a Schengen visa,
- or if one of the parents is still abroad and does not have a secure right of residence in Germany.
In such cases, the Foreigners' office should Foreigners' office whether paternity is being acknowledged for genuine family reasons or whether the acknowledgment is intended to secure a right of residence.
When does the Foreigners' office not have to approve a request?
However, the Foreigners' office does not have to give its Foreigners' office approval in all cases. The bill includes several exceptions. Accordingly, approval from the Foreigners' office not required if the person acknowledging paternity can prove that he is the child's biological father.
In addition, the Foreigners' office is Foreigners' office required to grant approval if:
- the man is already the father of another child by the same mother,
- the parents are married or married after the child’s birth, and the marriage was registered in Germany, or
- the parents have been registered as living together in Germany for at least 18 months.
Other factors that indicate there is no abuse include, for example, the father paying child support on a regular basis or maintaining regular contact with the child.
In this way, the federal government aims to ensure that real families are not unduly burdened. Those who actually take responsibility for a child or maintain a genuine family relationship should not be disadvantaged by the law.
How can potential misuse be identified?
The bill lists various indicators that suggest paternity is being acknowledged solely to obtain a right of residence. For example, the Foreigners' office examine:
- if the mother and father don't speak the same language,
- if they met solely for the purpose of establishing paternity
- or if money or other benefits were promised in exchange for recognition.
Even if a man has acknowledged paternity of children by different mothers on multiple occasions within a few years, this will be subject to closer scrutiny in the future.
How long can the exam last?
The Foreigners' office generally Foreigners' office make a decision on the application within four months. If the agency does not make a decision within this period, approval is automatically deemed to have been granted.
This provision is intended to prevent proceedings from taking an unnecessarily long time and to ensure that families are not left in limbo for extended periods. During the ongoing review process, the deportation of the individuals concerned is generally to be suspended.
What happens in the event of fraud or false statements?
The bill also provides for stricter penalties in cases of fraud. If approval from the Foreigners' office was obtained Foreigners' office false statements, threats, bribery, or fraudulent misrepresentation, it should be possible to revoke it at a later date.
This can have significant consequences. Paternity may be retroactively invalidated. Also Residence permitderived from paternity or the child’s German citizenship may then be revoked.
In addition, intentionally providing false or incomplete information will be a criminal offense in the future if it was done to Foreigners' office approval from the Foreigners' office .
What is the AfD calling for?
In addition to the federal government’s bill, the Bundestag will also vote on a bill proposed by the AfD on Friday. In it, the AfD calls for significantly stricter rules regarding the recognition of paternity.
According to her proposal, the Foreigners' office be automatically involved whenever at least one parent does not hold German citizenship. Furthermore, the Foreigners' office approval would be Foreigners' office prerequisite for the recognition of paternity. The man would also be required to prove that he is indeed the child’s biological father, for example through a DNA test.
In addition, the AfD wants greater consideration to be given to the father’s financial situation. If there are doubts as to whether the man can pay child support, this should also be considered an indication of a possible abuse of the right of residence.
Conclusion: What does this mean for foreign families?
For most foreign families, the new law will not change anything at first. Biological fathers and stable family relationships will continue to be protected.
The law applies exclusively to families in which the parents have different residency rights. This is particularly the case when one parent has no right to remain, or only a very limited right to remain, while the other parent has a secure right to remain or even German citizenship.
In such cases, the Foreigners' office will Foreigners' office assess whether stable family circumstances exist or whether paternity is being acknowledged solely to obtain the right of residence. Before paternity is acknowledged, the Foreigners' office must give its approval Foreigners' office these cases.
This means that most families can still have paternity established. However, in certain cases, those involved should expect the Foreigners' office to scrutinize Foreigners' office family circumstances more closely.
The Bundestag will decide on June 12, 2026, whether the bill will be passed.
