I came 2018 with a Germany tourist visa, and I applied for asylum January 2019, but my asylum application was rejected,even after my appeal against the decision I got another another rejection from the court, i was given 3 months Duldung for up to 3 2 times but I was still ask to leave the country voluntarily or i will be deported after the pressure from ausländerbehorde I try to apply for second asylum application with a good evidence of my situation ..they never allowed it uptil now no decision was given to my second asylum application that i should go and bring my passport..which was a problem between me and then ..they ask me to go the Essen for identification, but I refused because it was a to get me sign a TC with then for deportation purposes, I left Germany since August 2020 hiding and living with my friends in another European country..now my girlfriend is pregnant for me and she has a Germany resident acticle 25.3 .. can I come and sign a verterschatf and sorgerecht with my expire 3 months Duldung or should i apply for another asylum to enable me into the system again? Or can a Notar help if I give him my passport  is  signing  the vetershaft and sorgerecht..because the stadt said my ausweiss has expired they can allow me to do ....please  I need your help and advice..anonymous
asked Feb 2, 2021 in Asylum proceedings by Des74 | 655 views

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2 Answers

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Dear @Des74,

Welcome to the Wefugees Community and thank you for sharing your situation with us, which is indeed quite complicated.

I am sorry to hear that you find yourself in a limbo for quite a while now. But from my perspective, your situation is also not easy to solve and I would highly recommend you and your partner to get in contact with a good lawyer in Germany. Regarding another aylum application, please follow the link "After asylum rejection and a few months hiding - (How) Can I enter the asylum procedure again?" for more information.

About the notary and the declaration of paternity ("Vaterschaftsanerkennung"): In general, you can give a respective declaration at the Jugendamt, Standesamt and also with a notary. That doesn't mean that the notary is going to the Jugendamt's office, for instance, to sign the paper in your name. Instead, you and your partner make an appointment at a notary's office and declare the fatherhood/paternity and the notar will write everything down. However, I heard that sometimes the registry office (Standesamt) responsible for the issuing of the birt certificate of your child, may not always accept the statements and information given at the notary. On the other hand, you also need to be careful getting in contact with German authorities while you are staying in Germany without a permission. Authorities might report your situation.

Nevertheless, even if you manage to declare the fatherhood and the custody, as father of a foreign child with a residence permit this does not automatically lead to a residence permit in Germany. And I assume that you need legal support latest at this stage.

I am sorry that I can not give you a more positive answer, but I will also link two of our experts here. Maybe dear @alla_fka or @mbeon-fardeen can correct me or give any additional advice.

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

All the best,


answered Feb 5, 2021 by Meike
0 votes

Hello Des74,

It is not so easy with a fathership (acknowledgement of paternity) and custody of child in your case. Your girl friend hat a residence permit and the child will normally get it also, which means that you are interested in this fathership for the aim of staying in Germany. In such cases Standesamt or Jugendamt can't make the procedure of acknowledgement without previously informing the Ausländerbehörde in their place. Ausländerbehörde will start checking a possible abuse (if it's really your child or you are lying about it to get an advantage). The only way easily to prove that it is your child would be to make a DNA Test, after a positive result they don't need any more checking and you can procede with acknowledgement. But it is only possible after the birth.

Your girl friend can go to another country with her residence permit (although Corona makes it difficult). Perhaps you can try to make this acknowledgement in the country where you live now. On the other side you are illegal there and perhaps it will be a problem to contact the authorities. If you can do it with a notar there, I have no idea, you must ask them. Perhaps you can make a statement of paternity. But it can only be valid after your girl friend confirms it with the respective authorities in Germany, and I'm afraid, it possibly won't be allowed in your situation.

So after the birth, with a positive DNA Test, it would be much easier.

If you come to Germany, you can ask for a new Duldung with the aim to stay with or near the girl friend and the baby (then withe Ausländerbehörde in the place they live). Or you can make a new asylum application. In the second case you must be sent to the federal land in Germany where your first asylum procedure took place. From there you can ask for transfer to your child after the acknowledgement of paternity (anyway not during the pregnancy, the child must be already born). All these things are complicated and normally require support of a good lawyer with experience in foreign law (which naturally costs money). In any case I strongly recommend your girl friend to **** for a good councelling center for migrants in her area, because it is not only about you, it's about her and the rights of a future child to have a father.

As far as I understand, you don't have a passport (or don't provide it to the authorities). Depending on your country of origin, it would be difficult to deport you quickly, they will take measures forcing you to make a passport... In this time you can perhaps solve the problem of paternity documents.

There are also other aspects, like: if you come to Germany again, you will probably have a high penalty in a criminal procedure for coming illegally without documents. You have an important personal reason and a good lawyer can perhaps also help you with this problem.

It is not possible to discuss all aspects of such a case without a good personal consulting. Anyway, I wish you luck!

your old Duldung can't be simply prolonged in Germany if you come again after being illegally somewhere. If you come to stay with your girl friend or near her, you can apply for a

answered Feb 6, 2021 by Alla_fka
Dear @alla_fka, many thanks for all these detailed information and your effort!! As always, highly appreciated! :-)
You have really give me a good answer to this issue so far.. I have try to contact a notar via my girlfriend but the notar ask us to make a DNA test before she can give us termin for the Vaterschaftsanerkennung and sorgerecht...my question is ...since I am staying illegal in Germany would I be able to make the DNA test from any laboratory or hospital since I don't have address and a valid ausweiss?
I don't know. Your girl friend can ask about the conditions in the place where the test is made. It can be bought in the apothek, perhaps they can explain something. I really don't think you can do it without one single document: they must know, what person is giving stuff for the test.
Perhaps you must legalise yourself to do it. If you do it shortly before birth and make the test at once, you will get at least an obstacle for deportation. And nobody can deport you quickly without documents, normally they need your passport.
Hello Alla_fka....my child is born and we have the DNA test done with the results positive...please what should I do now since I am still illegal in Germany on how to get to make my Vaterschaftsanerkennung and sorgerecht without a valid  ausweiss here in Germany...please I need urgent answer
Hello Des74,
as I've already told you before, in my opinion you should go to the Ausländerbehörde in the place where your child lives, and apply for a Duldung because of child care. You provide them the results of DNA Test and some identification, for example a copy of your old Duldung or what else you have. Or nothing, if nothing is possible. The mother can make a statement that she wants you to live with the child (the best option) or near the child to take care and fulfil your duty as a father.
In the same time you go to Jugendamt (or first make contact on phone) and ask them for an appointment, explaining the situation and mentioning DNA Test.
You can't be deported without a passport and the Ausländerbehörde must give you Duldung. If they try to insist that you must go to asylum camp for a new registration after being illegal, tell them firmly that you don't want to make a new asylum application, you just want to stay because of your child who has right to live in Germany. It is the reason for your Duldung application, from which you can reach a residence permit later, if you work.
What else is important: if you get a criminal case because of coming illegally to Germany, try not to get more than 90 daily units, better less. (I hope you didn't have criminal cases in Germany before, they will be added). If you have too much penalty, it can prevent giving you a residence permit later.
As we said before, it is sufficient for you to find good councelling or a good lawyer for Aliens Law in your area. It is not possible to check all details in online councelling, it is just approximate assessment.
Good luck!
dear mr..D

with reference to your mail from today and to your telephone call, I understand that you would like to establish a declaration concerning you being the father

no problem – if possible, I am willing to help you.

please send me the copies of your and the mother’s passports, and inform us about your address/es.

will you bring an own interpreter? or do you want me to do the translation?

and would you please also include your son’s birth certificate?

I’ll be glad to hear from you + and send you the draft of the document.

when everything is prepared, we could come together nexe week, maybe on wednesday or friday, if you agree.

yours sincerely

am glad to read your mail in regard to my appointment for the declaration as the father for my son


Please sir/ ma, I would like to let you know my condition towards this process of declaration for my son if it can be confidential between we the parents and also with you as our public Notary ..


Because currently my asylum has been rejected since 2020 and I don't have a valid ausweiss ,and I Currently don't stay in Germany because I was ask to leave because my asylum process has ended but the mother of my child has a Germany residence..


I want to trust and hope on your confidential that you will not report the process to the ausländerbehorde, because I Don't want to get deported..I need to take care of my child and play my role as his father .


For the documents you ask for ... ..


I have my old ausweiss and my birth certificates  .


For the mother of my child she has a Germany residence ..( Aufenthaltstitell) 

She can also provide her address  .


For the interpretation we Don't need any because both of us can understand and speak a little bit ..


If this okay by your respectful office..please reply to my mail then we can proceed 


Thanks for your understanding 

Mr Desmond 


dear mr. desmond,

please let me assure you that confidentiality will be respected. you could prove that you are the child’s father, and as such, you, his mother and expecially the little boy are entitled to legal clarification.

nonetheless it is necessary that you enable me to identify the persons involved.

so again: please send me copies of your passports or other documents that make your personal identity evident.

as you surely will understand:  this is precondition for a valid recognition of paternity.

please send also the birth certificate.

sincerely yours

This are so far my little conversation with the notar I find ...what do you think????
to tell the truth, I don't have much idea about the procedure with a notary. Our clients've normally done it with Jugendamt and if they had a DNA Test from the very beginning, there was no problem with checking of possible abuse.
Anyway, even if you make it with this notary, you should later go to Ausländerbehörde and apply for Duldung, because you need to legalise yourself. Perhaps you'll need to confirm the papers from the notary in Jugendamt, I would ask them before.
It would be better in your case to take a good lawyer in advance but it naturally costs money.
Hallo there, Please kindly share your knowledge about vaterschaftsanerkennung. Does the father need to be there in person to sign vaterschaftsanerkennung? Reason l ask is because  both parents stay in different cities in Germany. Thank you.
Hello. As far as I know, the father must not be there personally, at least if you do it with Jugendamt. The father can make Vaterschaft with the responsible Jugendamt in his place, he needs a document with an official consent from the child's mother, which she can also make with her responsible Jugendamt. You both can make contact to Jugendamt in the cities or towns, where you live, and ask for details and appointments. Having a consent from the mother is a condition for you to be able to accept Vaterschaft.
Thank you for responding. What can be done next if the man refuses to make vaterschaftsanerkennung?
If with "the man refuses" you mean the German authorities (Standesamt or Jugendamt which give information to the Ausländerbehörde and then must wait for the "green light"), the best way it to make a test DNA and to give it to all authorities as a proof that you are a biological father. After that the Ausländerbehörde can't prevent the Vaterschaftsanerkennung.
He did the DNA test and he is the father but he refuses to make vaterschaftsanerkennung. The ABS is the last stage when everything is there. Standesamt also cant give birth certificate without vaterschaftsanerkennung. What can l do?
This is not a question of immigration law but of family law. You can make contact to Jugendamt and ask for their support. As far as I know you can make a process in a family court to force the person to recognise a fathership. I recommend you also to contact a family councelling office (of Diakonie, Pro Familia or what you have in your place).
Thank you for helping me.
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