Recognition of child by father for unmarried parents

Why is recognition needed?

While the child relationship with the biological mother arises at birth regardless of her marital status, the child relationship with the other parent in the case of unmarried parents only arises through recognition or judicial determination.

Recognition by the same-sex partner/spouse of the biological mother is not possible. In this case, the child relationship arises through stepchild adoption.

Where does the recognition take place?

Recognition takes place before or after the birth at the registry office.  

What are the effects of recognition?

After recognition, the child relationship with the father exists from the birth of the child.

How do both parents obtain joint parental custody?

Joint parental responsibility is established by means of a joint declaration; otherwise it remains with the mother. In this declaration, the parents confirm that they have agreed on joint responsibility for the main child-related matters (custody, childcare shares, maintenance, parenting credits, etc.).

The declaration is made to the KESB or at the same time as recognition at the civil registry office. If one parent refuses to make the declaration, the KESB will decide on parental custody and other child-related matters in accordance with the best interests of the child.

What happens if circumstances change, especially if the parents separate?

In the event of a change in circumstances, e.g. due to the separation of the parents, the arrangements for the children's interests can be amended. The modification is only valid once the new arrangement has been approved by the KESB or by a court ruling (action for modification).

What are the requirements for an amendment?

This requires a significant change in circumstances to be established in the individual case and the need to safeguard the best interests of the child, which would be seriously jeopardized if the previous arrangements were maintained.