Maternity Recognition

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An acknowledgment of maternity is a declaration by a woman that leads to the establishment of a legal relationship between her and the child she was born with. The instrument of maternity recognition is only used in a few countries, in Europe it is still used in Italy.

In Italian law, if the woman giving birth is not married to the child’s father, recognition of maternity is required to establish a family relationship. The consent of the child's father may be required. In the German-speaking countries, the recognition of maternity is therefore always relevant if at least one parent has the nationality of a state in which a recognition of maternity is required to establish legal motherhood. Associated with the recognition is an otherwise non-existent equality of the child with legitimate children. Furthermore, under this unusual legal situation, there is the possibility for the mother to be able to give the child to state welfare without having already established a family relationship without having to recognize motherhood.

If the motherhood is to be recognized in Germany, this can be done at the registry offices or in accordance with § 59 para. 1 no. 2 SGB VIII at the Youth Welfare Office done. Likewise at the district court or a notary . Notarization is usually free of charge. A fee may be charged locally for copies.

See also

Individual evidence

  1. ↑ Wuppertal registry office for the recognition of maternity no longer France: Art. 334-8 Paragraph 1. Code Civile repealed on July 1, 2006
  2. ^ Standesamt Wetzlar, leaflet on the recognition of motherhood ( Memento from January 4, 2016 in the Internet Archive )
  3. ↑ Katja Funken: The Recognition Principle in International Private Law: Perspectives of a European Recognition Conflict Law for Status Issues . Mohr Siebeck, 2009, ISBN 978-3-16-149939-5 , pp. 192–.
  4. ↑ Verena Weyrauch: Admissibility issues and consequential problems related to the law of parentage with artificial reproduction in German and US law . Tenea Verlag Ltd., 2003, ISBN 978-3-86504-016-9 , pp. 153-, fn. 56 with additional references.