What does Germany’s paternity recognition law mean for international parents?

According to a new draft law, some international parents in Germany could soon require approval from immigration authorities to have their paternity recognised.

German cabinet approves paternity draft law

Members of the German Federal Cabinet have approved a draft law which will make the process of paternity recognition more complicated for some international parents in Germany.

The law was initially drafted by the previous SPD-FDP-Greens coalition government in 2024 and still needs approval from the Bundestag if it is to become law.

What is Vaterschaftsanerkennung (paternity recognition)?

When a child is born in Germany the father is required to formally declare to the Youth Welfare Office (Jugendamt) that they are the legal father of the child. This is known as the Vaterschaftsanerkennung (paternity recognition) process.

Fathers who are not married to the mother of the child must complete this process to gain parental rights. If the mother consents to the recognition, the father's name is added to the birth certificate. In same-sex couples, parental recognition is normally done through stepchild adoption processes.

If the draft law is adopted, these processes will remain the same. However, couples who are unmarried when their child is born and have a “residence status gap” will face further scrutiny during the paternity recognition process.

For example, if the mother is a German citizen or has another secure residence status but the father has a “weak” residence status, such as a tourist visa or no valid German residence permit, the immigration authorities will also be involved in the paternity recognition process.

Immigration authorities will also have the power to retroactively revoke a father’s paternity status if he is found to have provided fraudulent information during the recognition process. Anyone found to have submitted false information could also face criminal penalties.

Alongside couples who are married when their child is born, couples with a “residence status gap” will not face further scrutiny if they can tick several boxes, for example, if they have already had a child together, if they marry after the child is born or if they can prove that they have lived together for at least 18 months.

Migrant parents are treated with “blanket mistrust”, say Greens

According to an ARD report, the draft law estimates that around 65.000 paternity recognition cases could be impacted annually. While Federal Interior Minister Alexander Dobrindt (CSU) called the law “absolutely necessary”, criticism has come from other groups.

In a joint statement, Green politicians Filiz Polat and Helge Limburg said that the law treated international families in Germany with a “blanket mistrust” and was not justified by the number of proven falsified paternity cases. 

Speaking to IamExpat when the draft law was first drawn up, KuB, an organisation in Berlin that campaigns against the restriction of rights based on residence status in Germany, agreed that the law was disproportionate.

KuB said the law would “put further stress on people in precarious living conditions, jeopardise children’s welfare and undermine the fundamental right to a family”. In 2008, Germany’s Federal Constitutional Court blocked a previous attempt to regulate paternity fraud on the basis that it would be harmful to children and could leave some children stateless.

“People with precarious residence status, who are often also affected by racism are shown that the German state fundamentally suspects them of abuse instead of providing them with the support they need,” the KuB said.