Hello,

I am facing a lot of difficulties to obtain an identity document for my daughter, because even though I have all the documentation required by the "Standesamt" they have not issued any document not even an "Auszug aus dem Geburtenregister" because our passports are expired. Since 2 months I hired a lawyer but we don't have any progress. Due to this situation the Sozialamt have not issued a new Bescheid where our daughter is included in our family nucleus and therefore she doesn't receive any money. Her asylum application was made by the immigration office on March 31, 2022.

Could you please advice me about what can I do? Some jurisprudence or legal precedent that I can apply in this request? Thank you in advance.
asked May 11 in Legal advice by Faga0206
Hi, All l know Standesamt will not give birth certificate if you don’t have correct or legit documents.

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1 Answer

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Dear @Faga0206,

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

I am really sorry to hear that you are struggling so much to get the birth certificate or at least the extract from the birth registry (Auszug aus dem Geburtenregister). From my experience, the Standesamt is usually issuing the latter BECAUSE the parents' identity could not be proven. I recommend you to address the Standesamt again and request the immediate issuing of the extract (Auszug aus dem Geburtenregister) while highlighting that otherwise your child is not even receiving any benefits, medical services etc. Explain them that you are not able to submit valid passports for now and you REQUEST the finalization of the procedure. Until now, they could have issued a so-called "Bescheinigung über die Zurückstellung der Beurkundung" at least (which they obviously didn't do either). Please see more details on this here.

The other question is, what is the lawyer actually doing? You hired him/her for this matter? With this kind of issues I would recommend to contact a counselling office first - it may save the money for a lawyer.

Let us know if you need support in finding counselling services in your area and I hope my answer was helpful.

All the best,

Meike

answered May 20 by Meike
Hello @Meike, Thank you very much for all your answer, you and the all members has been a guide in my process in Germany and I really really appreciate it because it's not easy for us and unfortunately not everyone give a good advices here. I talked with an adviser from the app mbeon and he is helping me with the Standesamt to get the Auszug and with the Sozialamt. I have a big problem with my lawyer because when I hired her and explained the situation about the problem with the Standesamt I requested her firstable ask for the "Auszug aus dem Geburtenregister", while she solve the problem with the "Geburtregister", she said that it cost 250€ and I can pay it in monthly payments. The problem is that she omitted my request and only asked to the Standesamt for the Geburtenregister but not for the Auszug, I already paid 150€ and when I claimed her about this situation she sent me the follow letter: "hiermit lege ich das Mandat aus privaten Gründen nieder. Bitte bestätigen Sie den Empfang dieses Schreibens schriftlich. Zu diesem Zweck hängt diesem Schreiben ein Formular an, welches Sie bitte unterzeichnet an uns zurücksenden. Ihre Unterlagen erhalten Sie zurück. In unserer Kanzlei verbleibt lediglich eine Rumpfakte mit den Informationen, zu deren Archivierung wir gesetzlich verpflichtet sind. Eine Herausgabe an Dritte erfolgt nicht. Selbstverständlich gilt unsere anwaltliche Schweigepflicht bezüglich Ihrer Daten auch über das Mandatsende hinaus. Mit freundlichen Grüßen" I didn't sign it beacuse she refused to refun the money that I paid and also she wants to collect the rest money of the bill and she didn't made the work that I requested her, rigth now I don't have the Geburtenregister or Auszug neither. Off course I don't want to have problem with a lawyer but it's not fair to force me to pay for something she didn't made rigth and in fact she is terminating her services of her own accord but what can I do?
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