If the child’s parents are married at the time of birth of the child generally no acknowledgement of paternity is needed.
If the child’s parents are not married at the time of birth then according to Irish Law the formal acknowledgement of paternity is fulfilled when both parents register the birth at the local Registrar’s Office. In the case where the Irish birth certificate shows that both parents have acknowledged the birth of the child, there is no need for an additional acknowledgement of paternity. This constitutes a formal acknowledgement of paternity in Irish Law and is recognised by German law as well (Art. 19 i.V.m. 11 und 23 EGBGB).
When is a German Acknowledgement of Paternity necessary?
It is necessary to acknowledge paternity according to German law if
- The child is born or will be born out of wedlock and the father will not be entered into the Irish birth certificate, or
- If the child is born or will be born out of wedlock in Germany and the father cannot come to the German registrar's office in person to acknowledge paternity.
An acknowledgement of paternity can be declared at the Embassy. It can be declared before the birth of the child. The acknowledgement of paternity requires the consent of the mother; her consent may either be given at the same time as the acknowledgement of paternity, or separately.
A joint custody agreement can be declared together with the acknowledgement of paternity if required.
What Must I Do?
In order for the consular officer to prepare the notarization of the acknowledgement of paternity, the following documents must be sent by email to email@example.com.
- Birth certificate of the child or
- In case of prenatal acknowledgement of paternity a medical certificate confirming the pregnancy and the estimated due date
- Birth certificates of both parents
- Proof of marital status of the mother
- Passports of the parents
- In case of previous marriages: marriage certificates and divorce orders of previous marriages. Note: If the mother was previously married, her divorce must be valid in Germany, see here.
In some cases the submission of additional documents may be necessary.
The following additional information is required:
- Complete addresses of the child’s parents (in Ireland and/or Germany)
- Citizenship(s) of the child’s parents.
- Marital status of the child’s parents (single/married/divorced/widowed)
The acknowledgement of paternity will be drawn up in the German language. If either parent does not speak German, the content will be orally translated into English by the consular officer. You may bring your own interpreter or ask for a written translation, the costs of which would have to be covered by you.
Notarization of an acknowledgement of paternity is free of charge. If a joint custody agreement is to be notarized at the same time, a fee of € 65 will be charged.
After the certification has been prepared, the consular section will contact you for an appointment.