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Acknowledgement of paternity and parentage
Acknowledgement of paternity © picture-alliance/ dpa
If a child is born in Australia, an acknowledgement of paternity and declaration of consent from the mother may be necessary in certain cases. If a child is born in Germany, an acknowledgement of paternity is required if the parents are not married.
Notarization of an acknowledgement of paternity
If the parents are married at the time of the child's birth, an acknowledgement of paternity is generally not necessary.
If the parents are not married to each other at the time of the child's birth, paternity is acknowledged under Australian law if both parents report the birth to the responsible Australian Registry of Births, Deaths and Marriages. If the Australian birth certificate shows that both parents are registered as “informants” and have therefore jointly reported the birth of the child, no separate acknowledgement of paternity is required under German law; the Australian acknowledgement of paternity is also effective under German law.
An acknowledgement of paternity is usually necessary if the father of the child is not yet registered on the child's birth certificate or if only the mother is registered as an “informant”.
If only the father is registered as “informant” and the mother is a German citizen, a declaration of consent from the mother must be notarized for the Australian acknowledgement of paternity to become effective under German law.
If the child is born in Germany and has the habitual residence in Germany, an acknowledgement of paternity is always necessary if the parents are not married. The mother must consent to the acknowledgment of paternity. In individual cases, the child must also consent.
For further examination, please contact us via the contact form. Please complete this questionnaire and send it together with the listed documents as a direct response to the confirmation e-mail.
The notarization of an acknowledgement of paternity is also possible before birth. If necessary, a declaration of joint custody can also be notarized at the same time as the acknowledgment.
The German mission abroad may refuse to notarize an acknowledgement of paternity. They are not obliged to notarize. If you have any further questions, please contact the Consulate General Sydney.
Parentage
When a child is born, the first question that arises (among others) is the parentage from the mother and the father. The parentage of a child is determined by the habitual residence.
| Parents' marital status at the time of birth of the child | Child's parentage if born and habitual residence in Germany | Child's parentage if born and habitual residence in Australia |
| The parents of the child are married |
The woman who gave birth to the child is the mother. The husband of the mother is the father of the child. |
The woman who gave birth to the child is the mother. The husband of the mother is the father of the child. |
| The parents of the child are not married |
The woman who gave birth to the child is the mother. Paternity of the child can be acknowledged after or before the birth. If the mother is a German citizen, the mother's consent is also required for the acknowledgment of paternity to take effect. In some cases, the child's consent is also required. |
The woman who gave birth to the child is the mother. The entry of the father in the Australian birth certificate is generally proof of paternity in Australia, at least if both parents agree and are registered as “informants” in the child's birth certificate. However, if only one parent is listed as the “informant” on the child's birth certificate, an acknowledgement of paternity (if the mother is the “informant”) or a declaration of consent from the mother (if the father is the “informant” and the mother is a German citizen) may be necessary. |
In some cases, the question of maternity may also arise, e.g. in the case of same-sex partnerships or surrogacy.
If you have any questions about an acknowlegement of paternity or parentage, please contact the Consulate General Sydney.