According to a draft law from the Federal Ministry of Justice and the Federal Ministry of the Interior, the recognition of paternity should no longer be so easy in the future. The background is massive cases of abuse.
The legal consequences are far-reaching when paternity of a foreign child is officially recognized. These children not only acquire the German citizenship of their father, but also their family members – such as the mother and other siblings – receive a right of residence and the right to social benefits.
The recognition of paternity can rarely be legally challenged afterwards – even if the recognition was clearly abusive and the father has neither a genetic nor social connection to the child.
Stricter rules planned
The rbb-Magazine Contrasts reported in February the case of a man who had recognized 24 children. With these children, over 90 other people received residence in Germany. They received citizens’ benefit, child benefit and child allowances, so that these recognitions alone caused costs of 1.5 million euros per year.
These types of systematic abuse are not isolated cases. In the period from January 2018 to December 2021, the immigration authorities noticed around 1,800 possible false paternities, and in 290 cases an abusive recognition of paternity was also found. However, the number of unreported cases is much larger.
Dem ARD capital studio There is a draft law from the Ministry of Justice and the Ministry of the Interior that is now intended to tighten the rules for recognition. This is before paternity is certified – i.e. preventatively.
Immigration authorities should check
So far, notaries and youth welfare offices have certified paternity. The registry office then usually enters this into the birth register without any further check. The immigration authorities are not necessarily involved.
That should change in the future. If the mother of the child to be adopted has only weak or no right of residence, the registry office may only carry out the registration if prior consent from the immigration authorities is obtained. For example, consent can be withheld if there is suspicion of abuse – for example, if the child’s mother is about to be deported or she has virtually no verifiable relationship with the father or they cannot communicate.
Federal Justice Minister Marco Buschmann says: “I am confident that we have now found a solution: a regulation that is constitutional and effective at the same time.”
Draft still being coordinated
Federal Minister of the Interior Nancy Faeser adds that “apparent paternity always comes at the expense of the children affected.” There is no tolerance for this. “At the same time, we ensure that the procedure for biological and social paternity is not unnecessarily delayed,” said the SPD politician.
The draft now has to be coordinated within the federal government. A coordinated draft should be available before the summer break.