IIT Patna offers minors



Information on recognition of paternity / maternity

Every child has the right to know their parentage, that is, they have a right to know who their mother and who their father are. Knowledge of one's own origin plays a key role in the child's consciousness and is of considerable importance for his or her personal development and the establishment of an identity. Sometimes it is also necessary to know who the birth parents are for medical reasons.

If the parents are not married to each other when the child is born, the legal relationship with the father does not arise automatically. The relationship between father and child does not exist until the father has effectively recognized paternity or if this has been determined by a court. With the legally effective determination of paternity, maintenance claims against the father arise for the child. The economic aspect also plays a role, because inheritance claims between father and child only arise once this has been established. If the legally established father dies, the child may also be entitled to a half-orphan's pension if the father was legally insured.

In some countries it is necessary for the mother to also formally recognize her motherhood (especially in Romance countries, e.g. Italy, Vietnam).

The recognition of paternity / maternity is possible both before and after the birth of the child.

You will receive support from the youth welfare office in determining paternity via an adviser. More about it on the page

  • Assistance

Who is the father of a child born shortly before divorce?

The father of the child is the man who is married to the mother at the time of the child's birth. If the husband is not the biological father, his paternity must be challenged.

If, in such a case, the application for divorce is pending at the time of the child's birth, there is a possibility of avoiding legal proceedings to challenge paternity: If another man (e.g. the mother's new partner) accepts paternity and agrees In addition to the mother of the child, the still-husband (pseudo-father) also grants this recognition, then the man is the father of the child who has recognized paternity. The acknowledgment of paternity comes into effect at the earliest when the divorce becomes final. This regulation can be applied up to one year after the divorce has become final.


Who is the father of a child born soon after the divorce?

According to the German Civil Code (BGB), the father of a child is initially the man who is married to the mother of the child at the time of birth.

If the child is born after the divorce has become final, this rule is no longer applicable and paternity recognition is required, even if the mother's former husband is the father. Only for children born before July 1st, 1998, the former husband of the child’s mother is considered the father if the child was born within 302 days of the divorce becoming final.

So a father is whoever was married to the mother at birth, who recognizes paternity or whose paternity is determined by a court.


Notarization and declaration of consent

The acknowledgment of paternity can be certified free of charge at the youth welfare office or registry office. The certification at the notary or local court, however, is chargeable. If the father's place of residence is not Nuremberg, the notarizations can be carried out there. Notarization is possible abroad with authorized consular officers of the diplomatic missions of the Federal Republic of Germany.
For the acknowledgment of paternity to be effective, the declaration of consent of the mother of the child must be notarized. The declaration of consent can also be certified at all of the above-mentioned offices. If the mother's declaration of consent has not yet been notarized one year after the certification of paternity, the paternity can be revoked.

Both the acknowledgment of paternity and the declaration of consent can only be given in person and not by an authorized representative. They can be notarized together or individually. The notarizations can already be done during pregnancy, i.e. before the birth of the child.

Further information and contact details can be found on the page

  • Certifications

Contesting paternity

Paternity can only be challenged by the following persons by filing an application at the family court:

  • the man who is considered a father,
  • the mother and
  • the child or the support for the child.

The jurisdiction of the family court depends on the child's place of residence. If the child lives in Nuremberg, please contact the

Family Court Nuremberg

Fürther Strasse 110, 90429 Nuremberg
Telephone 09 11 / 321-01 (operator)

For reasons of legal certainty, contestation of paternity is only possible within 2 years. The period begins to run from the point in time at which the person entitled to appeal learns of the circumstances that speak against paternity. In special cases (for example in the event of a threat) the deadline can be suspended.

The supplementary carer conducts the procedure on behalf of the child; The only decisive factor is therefore the child's period of contestation. As long as the child is a minor, this period does not begin until the supplementary carer is appointed.

The mother of the child has the opportunity to request the child welfare office to be appointed (free of charge) as a supplementary carer for contesting paternity. This is possible even if the mother's contestation period has long expired.

The challenge of paternity by the supplementary carer has the advantage that the proceedings are conducted by the youth welfare office, there are no costs for a lawyer and the child normally receives legal aid. The supplementary custody ends automatically with the conclusion of the avoidance procedure.

To apply for supplementary custody to contest paternity, please make an appointment with us beforehand so that your clerk has enough time for you.

Note:

Please bring your ID and the birth certificate of your child with you to the agreed appointment.

Additional information


Father's Rights and Duties

Maintenance obligation

One of the father's duties is to provide maintenance for his child. The mother of the child may also be entitled to maintenance.

More on the page

  • Child support

Health insurance for the child

The father is also obliged to ensure that the child is covered by health insurance if the child cannot be insured with his mother free of charge.

Right to contact with the biological child

The father has a right to and an obligation to deal with his child. The right of access serves to maintain, maintain and promote contact with the child so that the child can maintain the established relationships, especially after the parents separate or divorce. The way the child interacts with the other parent generally serves the child's best interests and is of particular importance for his or her development. Contact can be in the form of visits, letters or telephone calls.

The structure of the right of access is not regulated by law. The parents agree with each other when, how often and how long the contact should take place and what the content should look like. The age-specific and individual needs and perspectives of the child must be taken into account. The child's wellbeing is always in the foreground.

Often the point of dispute is who bears the costs incurred in exercising the right of access. The authorized person generally has to pay for these costs. In principle, they cannot be deducted from income when calculating maintenance. An exception to this, however, are above-average costs that result from the fact that the child has moved very far away. The person entitled to access cannot reduce child maintenance on the grounds that the child stays with him frequently. This also applies to (long) holiday stays.

If the child speaks out against contact with the other parent, this does not mean that the other parent's right of contact does not apply. It is true that the will of the child becomes more and more important with increasing age. In the case of younger children in particular, however, it is fundamentally the responsibility of the caring parent to influence the child in an educational manner and to encourage it to maintain contact with the other parent.

Right to information about the child's personal circumstances

Each parent has the right to request information about the child's personal circumstances from the other parent, provided this does not contradict the best interests of the child. This right to information of the other parent has a substitute function for an excluded or restricted contact, but it is also possible in addition to contact. Several court decisions have so far affirmed, in particular, a right to reports on the child's development, photos and copies of certificates.


Advice to parents

The youth welfare office's deputy and official guardianship department advises parents on legal issues. Any further advice and support that may be required can be obtained from the General Social Service of the Youth Welfare Office.

The General Social Service also provides you with information about the possibility of escorted social contacts, which are offered in Nuremberg by the "Active Citizens Center" (ZAB).


Decision of the family court about the contact

If an agreement is not possible, the father or mother can apply to the family court to decide on the scope of the right of access. Restricting or excluding contact with the other parent over a longer period of time is only possible if the child's well-being would otherwise be endangered. The family court can order that the contact should take place in the company of a willing third party ("accompanied contact").

The jurisdiction of the family court depends on the child's place of residence. If your child lives in Nuremberg, please contact the

Family Court Nuremberg

Fürther Strasse 110, 90429 Nuremberg
Telephone 09 11 / 321-01 (operator)


Additional information


Contact / responsibility

City of Nuremberg - Youth Welfare Office

Deputy and official guardianship department

Muggenhofer Strasse 136

3rd floor (assistance) and 6th floor (official guardianship)

90429 Nuremberg

Public transportation

map


Parking spaces are rather rare! From the Eberhardshof underground station, you need around 8 minutes to walk around 600 meters.


Administration:

Phone: 09 11/2 31-34 89

Fax: 09 11/2 31-84 66

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Contact form:
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Opening hours:

Mon - Fri 8.30 a.m. - 12.30 p.m., Thu until 3.30 p.m.
Appointments by arrangement.



Head of department: Stefan Böhler

Muggenhofer Strasse 136/3. floor


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Assistance

Muggenhofer Strasse 136/3. floor


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Official guardianship

Muggenhofer Strasse 136/6. floor


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Please make an appointment for the certification by phone at