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Please I am isaac from Ghana and illegally living in Germany, but my girlfriend is 7months pregnant and I want to know how I can do the Paternity recognition without me holding any resident permit
asked Jul 10 in Asylum proceedings by Armstrong68
@Armstrong68 I have been in similar situation before, I will advice you to wait till she give to birth before you do anything like Vaterschaft and the rest, for me, I waited till my woman born. After my woman gave birth which is this February, I contacted some Notar but when they hear am illegal, they say they can't do it, even if they must do it, they will still inform Jugendamt or ausländerbehörde for approval since am illegal. So me and my woman went to Jugendamt, first we book appointment, then she gave us appointment. I gave her my old Duldung Ausweis before I become illegal, she said she can't use it, she ask for my passport. I told her I will bring it.. That day she didn't do it but she keep a copy of my old Duldung Ausweis, when I gave her my passport, she forward it to the ausländerbehorde and they seize my passport, she said I have to do DNA test to prove it is my child before she will do the Vaterschaft and the rest, first she ask me separately some questions like how I met my gf, where we met, how many kids my woman have, how long have we been dating, did I stay with her when I was illegal, how many kids she have and their names and age.... She also ask my woman separately same questions.. I was in the office alone with the Jugendamt lady when she ask me and my woman was alone with her when she ask her... She put all down as we answer all.. Why she ask, she said., ausländerbehorde told her to ask us and put all down and she forward it to ausländerbehörde... For the DNA test, she said we have to do it in her present as the witness and she will forward it to the laboratory by herself. So we get the DNA stuff from pharmacy and we did it in her present and she forwarded it to the labour.. After some days they sent our result that I am the father... 99.999999.. So if you are truly the father, you don't need to be afraid to do the DNA test.... Me and my woman took the result to her, so she said she will do the Vaterschaft and the rest, but she have to contact the ausländerbehorde that we did the test and she forwarded the result to the ausländerbehörde. So she gave us another Termin and ask us to come with a translator, we can bring anobody that can help us with that.. So I did the Vaterschaft, custody to my child.. After having this, ausländerbehörde told my lawyer that we should do Anmeldung for me before they can issue me Duldung Ausweis, we did the Anmeldung, we gave it to the ausländerbehorde, so they gave me 3 months Duldung Ausweis... I have also change my child name to my family name after having the Duldung, but you must give Standesamt your passport and birth certificate before they will put your name on your baby birth certificate and your baby can use your name.. But bro I really go through hell, I didn't tell you all.. But ausländerbehorde will report you to Grenze polizei, after that the police will send you a letter with questions and you have to answer all. They want to know info about your illegality and some other things.. For my case, I answered all and my lawyer also sent them a letter together with my answer but they have closed my illegal case, they sent me another post after 3 weeks that they have closed the case... Am free now from the case of illegal. My advice for you, wait till your woman put to birth before you do anything...
@Armstrong68 secondly, my asyl was in Bayern and my woman live in another state which is Nordrhein-Westfalen, when I was in that process of making Vaterschaft, the ausländerbehörde in Bayern said I must come to Bayern and the ausländerbehorde in my woman state said I must go back to Bayern. But with the help of God, corona case and my lawyer, Bayern forwarded my file to this my woman state. That is all.. When your woman put to birth, first thing to do, You need a lawyer, he will guide you and tell you what to do.. Don't rush to do anything.. For now, you don't need a lawyer, wait till your woman give birth to be on safe side... Take my advice bro

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Dear @Armstrong68

Welcome to the Wefugees Community and thank you for reaching out to us. 

The paternity/fatherhood acknowledgement is usually declared at the "Jugendamt". As far as I know, they do not necessarily want to see you residence permit. But they want to see your passport or at least some kind of ID, your birth certificate, your registration (Meldebescheinigung) and the birth certificate (or for the time being alternative documents which prove the birth of the child). I am not sure if they would and maybe even have to report you to the immigration office when they find out about your legal status in Germany. 

Another (more private) option is to go to the notary (he/she will charge you for the service though) for the declaration. Depending on the notary he/she will require different papers (which prove your identity at least) also. 

However, the declaration of fatherhood will not save you in your difficult situation at the end. I would highly recommend you to consult a lawyer or to visit a migration counselling office, for instance. They will work confidentially and free of charge and you don't need to be afraid that they might report you to the authorities. Let us know if you need support in finding one close to your place.

Would you agree on this or is there anything you may want to add dear @alla_fka or @mbeon-Bernd

In any case, please don't hesitate to get back to us with any further questions. 

All the best, 

Meike

answered Jul 10 by Meike

Dear @Armstrong68, I fully agree with @Meike. You'll defiitly at least need some sort of ID-Dokument, for some an expired Aufenthaltsgestattung will be enough, others expect more. Best will be to find some local Beratungsstelle which can advise you regarding the local situation.
Greetings, mbeon-Bernd

 I hope my answers were helpful and I would be very happy if you would contact me again with further questions. I'm a member of the mbeon-staff and I‘ll be glad to help you over a longer period of time. mbeon is an online advice for migrants via the mbeon app, which you can install on your smartphone for free. Download it from App Store or Google Play Store. For Further information please visit www.mbeon.de. 

Thank you dear @mbeon-Bernd for your immediate reply :-) All the best, Meike
Hallo,
if the fathership recognition is helpful or not and how much, depends on the status of the mother. If she is German, your chance to stay in Germany because of a German child can be really good (provided you have no problems with criminal law). If she has a legal residence, the chance is lower but also not bad because the child will automatically have right to stay in Germany. It is naturally a question of if you live together, if you really care for a child etc. Even if the mother is an asylum seeker of has a Duldung, you still have a chance, as long as she will stay here with the child. These options are all different and you really need a good consultancy. The best would be to take a good lawyer before you start to legalise yourself through some actions with the authorities.
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