Is there a Deadline for making Vaterschaft and Sorgerecht?

Question

Hello,

I just want some information about whether there is any deadline for making Vaterschaft and Sorgerecht or can I make it 2-3 months later, when my child is born.

Thanks

Answer 1

Hi @Geekay

You can also do the Vaterschaft and Sorgerecht after the birth. Please note that this means the child will be first issued a birth cetificate without any information about the father. After the Vaterschaft is done, a new birth certificate with your information will be issued.

Best,

Éanna

Comments

Thank you very much for your reply.
 
I’m illegal in Germany and haven’t yet registered with the authorities(No asylum or anything else). How can I get Vaterschaft and Sorgerecht done, Without any residence permit or Duldung. Thanks

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You're welcome. You do not need a resident permit or a Duldung to do Vaterschaft and Sorgerecht. You need to be able to prove your identity. ideally with a passport. The Standesamt will inform the immigration authorities (Ausländerbehörde) about your illegal status. You will then be ordered to leave Germany, at which point you can use the fact that your are expecting a child in Germany to support your case to be allowed to stay here.

Although family reasons are very strong ones in immigration law, the authorities still have discretion as to whether they allow you to stay or ask you to leave Germany and apply for a visa to return legally (such a visa can also be issued before the birth of the child). Important factors are the nationality and residency status of the child to be born and how long you have been illegally in Germany. It is good to get some legal advice on this matter also before proceeding.

You may have to pay fines if charged with illegal entry and/or illegal stay in Germany.

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Thank you very much for the information. I’ll hire a lawyer soon, to proceed. Thanks again