Sorgeerklärung Beurkundung

You have had a child, are not married to the child's father and would like to share custody? To do so, you must make a declaration that you wish to share parental custody of the child. You can find out more about this here.

If you are not married to each other as parents of a joint child, only the mother has custody.

If you would like to have joint custody, both parents must declare this to the youth welfare office or a notary and have it notarized.

You can make the declaration of custody even if your child has not yet been born but has already been conceived. It is also possible and sensible to make a joint declaration of custody after the birth if you are not getting married and do not wish to seek a court ruling on custody.

After submitting joint declarations of custody, parental custody can only be changed by a decision of the family court.

• Proof of identification

  Parents' identity card or passport

• Birth certificate of the child in which the father is registered or court order establishing paternity

  Only necessary in case of declaration after birth.

• Maternity log

  Only necessary in case of declaration before birth.

• Certificate of acknowledgement of paternity with the consent of the child's mother

  Only necessary in case of declaration before birth.

• They 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.
• Expected date of delivery or date of birth and name of the child
• You must appear in person.
• In principle, the parents must have legal capacity. The declaration of custody of a parent with limited legal capacity must be approved by the legal representative.
• The declaration of custody only becomes effective when both parents have submitted an identical declaration of custody
• Both parents speak sufficient German. If this is not the case and you require an interpreter, please indicate this when making the appointment.

• You must make a personal appointment with the Office for Youth, Family and Women/Family Law for a declaration of custody.
• If you require an interpreter, please state the language you require when making the appointment.
• Both parents must appear in person. Preferably together.
• If not already done, the father must first effectively acknowledge paternity.
• You will be informed about the legal consequences of declaring custody.
• The certificate of custody will then be read to you.
• Both parents must sign the document.
• Both parents will be given certified copies of the document.

The declaration of custody can also be made at a notary's office. Notarization is subject to a fee.

If no declaration of custody is made, the mother generally has sole custody. The father can apply to the family court for the transfer of (joint) custody.