Sorgeerklärung Beurkundung

If you as parents are not married to each other when your child is born, you can obtain joint custody by submitting both declarations of custody.

If you, as parents of a child together, are not married to each other at the time of the child's birth, only the mother has custody. If you, as the father, are also to have custody, you must submit a joint custody declaration together with the child's mother.

• Parents’ identity card, passport or other identification document
• Birth certificate of the child or maternity record in the case of a prenatal care declaration
• If applicable, additionally: Certificate of recognition of paternity or court order establishing paternity

• You as parents are not married to each other.
• Paternity is effectively recognized.
• Your child has already been conceived or is still a minor.
• A court decision regarding parental custody has not yet been made.
• You submit the declaration in person.
• Both parents speak sufficient German. If this is not the case and you need an interpreter:
  • You bring someone with you who can translate. The authorities will only provide an interpreter in exceptional cases.
  • The person translating must not be related to the parent for whom the translation is being done.
  • The person translating can identify themselves.
  • They tell you which language the translation will be into.

• You make an appointment with the relevant authority and both appear in person.
• If this has not already happened, the father acknowledges paternity.
• You will be informed about the legal consequences of the custody declaration.
• Your written statement will be read to you.
• You sign the declaration.

You can submit the custody declaration even if your child has not yet been born but has already been conceived. The child must still be a minor at the time the custody declaration is submitted.

• If parents of a child are not married at the time of birth, usually only the mother has custody
• Parents who are not married to each other can declare joint custody of their child before the responsible authority