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If the parents are not married at the time of the child's birth, they are entitled to joint parental custody if they make a declaration of custody.

If the parents are not married at the time of the child's birth, they are entitled to joint parental custody if they declare that they wish to assume joint custody (declaration of custody). A declaration of custody must be publicly notarized.

You can arrange this at your local youth welfare office or, for a fee, at a notary's office. Declarations of custody can only be revoked by the family court in the event of a dispute. It is therefore advisable to seek advice on the rights and obligations arising from the declaration of custody.

Recognition of paternity is a prerequisite for the joint declaration of custody. If you have not already done so, you can declare paternity and custody jointly at the youth welfare office.

If the declaration of custody is not made, the mother has sole custody.

The certificate of custody, on the other hand, is required to confirm the mother's sole custody.

• Parents' identity card or passport
• Consent of the legal representative if one parent is still a minor
• Birth certificate of the child in which the father is registered or mother's passport in the case of a prenatal declaration of custody
• Certificate of acknowledgment of paternity with the mother's declaration of consent or court order establishing paternity

• The parents are not married to each other
• Paternity is effectively recognized
• The child does not have to be born yet, but it must be conceived
• A court decision on parental custody has not yet been made
• The parents must appear in person
• Both parents speak sufficient German. If this is not the case:

Youth Welfare Office: If you require an interpreter, please state the language you require when making the appointment.

Notary: If you require an interpreter, you must bring an interpreter with you to the appointment. This person must have a valid identity document and must not be related to the child's parents by blood or marriage.

Youth Welfare Office: There are no fees.
Notary: approx. 80,- EUR plus expenses

To make a declaration of custody, you must make an appointment in person at your local youth welfare office or at a notary's office:

• If this has not already been done, the father must acknowledge paternity
• Both parents must appear in person, preferably together.
• At the appointment, you will be informed about the legal consequences of the declaration of custody. This will then be read out to you and signed by both parents.
• Both parents will receive certified copies of the document.

The appointment usually lasts between 30 and 60 minutes. The certificates are handed out directly at the appointment.

The child must still be a minor.

The declaration of custody does not necessarily have to be made jointly.

It is permissible even before the child is born.

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• Declaration of custody notarization
• Parents who are not married to each other can declare joint custody of their child
• A personal appointment is a mandatory requirement
• This declaration of custody is made in a deed.
• A subsequent change to joint parental custody is only possible by court decision.
• The local youth welfare office (free of charge) or a notary (subject to a fee).

Please contact

• free of charge to the notaries at the youth welfare offices of the districts or independent cities or
• to notaries for a fee

The notarizing office notifies the youth welfare office responsible for the child's place of birth of the submission of the declaration of custody and consent, stating the child's place of birth and the name the child had at the time of the notarization of its birth.

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