Notarisation of a declaration of custody

Description

If the parents of a child are not married to each other, the mother of the child has sole custody by law. By way of derogation from this rule, unmarried parents can, by means of a

a concordant declaration of intent

to obtain joint custody and thus the legal status of married parents (so-called declaration of custody).

The declaration can be made either when recognising paternity or at any other later point in time. The declaration of custody can also be made before the child is born.

The personal presence of the person making the declaration is required for notarisation.

A legally effective declaration of custody is irrevocable and cannot be cancelled by a concurring or even a unilateral declaration on the part of the parents. A change with regard to the establishment of sole custody is only possible by means of a corresponding application to the family court.

The responsibility for processing the case depends on the surname of the child or the expectant mother.

Prerequisites

You both understand and speak sufficient German.
If not, an interpreter is required for the notarisation. This person needs a valid identity document and must not be related to you by blood or marriage. If you are unable to bring someone with you, we will provide you with an interpreter free of charge.

Required documents

Notarisation before the birth of the child

• Valid identification document of both parents (identity card or passport)
• Copy of paternity acknowledgement and declaration of consent from the mother,
  - if already notarised,
  - if not, this notarisation is also possible at the same time
• Mother's passport (page of the calculated delivery date) or medical confirmation of the delivery date
• Marital status, telephone number, address and, if applicable, e-mail address of both parents (please state informally)

Notarisation after the birth of the child

• Valid identification document of both parents (identity card or passport)
• Birth certificate of the child in which both parents are registered
• if no birth certificate has yet been issued:
  - Certificate from the clinic/doctor stating the date and place of the child's birth and
  - Copy of the acknowledgement of paternity and the mother's declaration of consent
• Marital status, telephone number, address and, if applicable, e-mail address of both parents (please state informally)

These lists are not necessarily exhaustive; further documents may be required.

The documents must be sent to the Youth Welfare Office by e-mail (attachments only in PDF format) or by post. If you have any questions, we will be happy to help you.

Legal basis

§ Section 1626a para. 1 BGB