How does paternity recognition work for family reunification?

Foreign fathers who wish to join their German child in Germany generally have strong legal standing regarding their residency rights. However, in practice, family reunification with a German child can become considerably more complicated if the parents are not married and paternity must first be legally established.

Of particular importance is a change in the law that has been relevant since July 29, 2026 : In certain immigration-related situations, the notarization of the acknowledgment of paternity alone is no longer sufficient. Additional proceedings before the competent immigration authority may be required. The new regulations can be found in particular in Sections 85a to 85d of the Residence Act (AufenthG) . The transitional provision of Section 105d of the Residence Act explicitly refers to July 29, 2026.

For affected families, this means that paternity acknowledgment and visa procedures should be planned together from the outset, if possible.

Why is paternity acknowledgment important for family reunification?

Legal paternity is often the basis for a foreign father to obtain a visa for family reunification with his German child .

According to Section 28 Paragraph 1 Sentence 1 Number 3 of the German Residence Act (AufenthG), a foreign parent of a minor, unmarried German citizen is generally to be granted a residence permit for the purpose of exercising parental custody if the German child has their habitual residence in Germany. Unlike many other residence permits, a secure livelihood is not as decisive in this case.

Especially in the case of unmarried parents, the following situation often arises: The mother and child live in Germany, while the foreign father lives in a third country. The father then wishes to enter Germany through family reunification.

Before the visa process can be successfully completed, it must be established that legal paternity has been effectively proven.

How is paternity recognized?

The basic requirements for acknowledgment of paternity are set out in Sections 1594 et seq. of the German Civil Code (BGB) . According to Section 1594 of the BGB, paternity can be acknowledged unless another man has already been legally recognized as the father. Acknowledgment is even possible before the child's birth.

If the father is abroad, the registration can be carried out, in particular, through the competent German diplomatic mission . In practice, the embassy regularly requires various civil status documents and other documents for preliminary review.

The required documents vary considerably depending on the country and the responsible diplomatic mission. In the cases we handled, for example, we prepared documents such as the paternity acknowledgment questionnaire, the child's birth certificate, birth certificates, registration documents, and other family law documents.

Paternity acknowledgment abroad is therefore often not an isolated appointment at the embassy, but a multi-stage process with preliminary examination, certification and subsequent visa procedure.

What has changed regarding paternity acknowledgment since July 2026?

The new regulation in Section 85a of the Residence Act is particularly relevant . According to this regulation, the recognition of paternity may, in certain residence-related situations, additionally require the approval of the immigration authorities .

This applies in particular to cases where one person, for example, holds German citizenship or a permanent residence permit, while the other person is in one of the residence-related situations specified in Section 85a Paragraph 1 of the Residence Act. This includes, among other things, certain cases where the foreign parent is still abroad and neither holds a corresponding residence permit nor can enter Germany visa-free under the regulations mentioned therein.

This gives the immigration authorities a significantly more important role in certain cross-border paternity acknowledgments. The underlying reason is to prevent so-called abusive paternity acknowledgments . According to Section 1597a of the German Civil Code (BGB), paternity may not be acknowledged specifically to create the legal prerequisites for entry or residence. At the same time, the law explicitly clarifies: If the acknowledging party is indeed the biological father, the paternity acknowledgment cannot be abusive.

When is approval from the immigration authorities not required?

Section 85a, paragraph 2 of the German Residence Act (AufenthG) contains important exceptions. In particular, consent is not required if the person acknowledging paternity is indeed the biological father of the child . Further exceptions exist, for example, in cases of certain pre-existing family relationships or if the parents have lived together in a shared household for at least 14 months, provided the legal requirements are met. This sounds simpler than it is in practice. Especially when the father lives abroad, the question arises as to how biological paternity can be proven to the German authorities.

Section 85a Paragraph 3 of the Residence Act offers a clear solution: If the mother and father apply for consent and claim that the acknowledging parent is the biological father, the immigration authority can determine, based on a genetic parentage test according to Section 17 of the Genetic Diagnostics Act , that their consent is not required at all.

In suitable cases, a DNA test can be a very effective tool for making the legal process legally unambiguous. However, it is important not to simply have any private test performed. The examination must comply with legal requirements and should be organized in such a way that the results can be used by the relevant German authorities. For example, the results from " Paternity Berlin " are recognized.

How does the immigration office verify paternity acknowledgment?

If an approval procedure is required, the immigration authority decides pursuant to Section 85c of the Residence Act (AufenthG) upon application by the acknowledging parent and the mother. The parties involved must disclose the facts relevant to the decision and submit the available evidence. In particular, it is examined whether there is an abusive acknowledgment of paternity within the meaning of Section 85b of the Residence Act (AufenthG) . The actual circumstances of their lives play a significant role in this assessment: Do the parents actually know each other? How do they communicate with each other? Did a personal relationship already exist? Was there shared residence, regular contact, financial support, or access to the child?

Section 85b, paragraph 3 of the German Residence Act (AufenthG) also contains various legal presumptions in favor of granting non-abusive recognition of residence permits. Relevant factors can include, for example, a long period of shared household, regular contact, or substantial maintenance payments. However, especially in international relationships, these standard legal criteria do not always reflect actual family life. A father in a third country and a mother with a child in Germany, for instance, often cannot prove a shared German household. Therefore, the application should not consist solely of forms but should also provide a comprehensible documentation of the actual relationship and family history.

Which immigration authority is responsible for granting approval?

Local jurisdiction is now also explicitly regulated. According to Section 85c Paragraph 4 of the Residence Act (AufenthG), the immigration authority that is locally responsible for the other person within the meaning of Section 85a Paragraph 1 of the Residence Act is generally competent. If this person lives abroad, the immigration authority at the habitual residence of the party living in Germany generally decides. For example, if the German mother lives in Berlin and the foreign father still lives abroad, the Berlin State Office for Immigration (LEA) will therefore regularly have to be involved in the proceedings.

This is important for strategic planning: families should not assume that the embassy alone will handle all the steps of the process.

Should one wait for the authorities or take action oneself?

In practice, this is one of the most important questions. Theoretically, the authorities involved can exchange information and initiate the necessary procedures. However, anyone who has already been waiting for weeks or months for an appointment for paternity acknowledgment or a family reunification visa should carefully consider whether further waiting is worthwhile.

Our experience with international family reunification procedures shows that embassies, immigration authorities, and family law registrars do not always work together as smoothly as the law suggests . This is precisely why a proactive approach can be beneficial: clarifying jurisdiction, submitting an application to the immigration authorities, substantiating the family relationship, attaching supporting documents, and simultaneously pursuing the actual visa application for family reunification .

A particularly important advantage of taking a proactive approach arises directly from the law: According to Section 85c Paragraph 3 of the Residence Act, approval is generally deemed granted if the immigration authority does not decide within four months of receiving the application . However, this time limit can be suspended, particularly in cases of lack of cooperation.

For this reason alone, it can make a significant strategic difference whether a complete application has demonstrably been submitted or whether one is simply waiting for an authority to eventually take action.

Can the visa for family reunification be applied for at the same time?

Paternity acknowledgment, the immigration office's approval process, and the visa application should ideally not be treated as three completely separate processes . Especially when scheduling an appointment at a German embassy takes a long time, it can be helpful to prepare and, where possible, initiate the necessary steps in parallel. The goal is to avoid downtime. If the next step is only started after each individual process is completed, the processing times can add up considerably.

For the foreign father, the decisive factor is ultimately that the legal parent-child relationship is clarified and that the requirements for a visa under Section 28 Paragraph 1 Sentence 1 Number 3 of the German Residence Act (AufenthG) can be proven. According to Section 27 Paragraph 1 of the German Residence Act (AufenthG), family reunification expressly serves to protect marriage and family in accordance with Article 6 of the German Basic Law (GG) .

Why is legal representation advisable in international cases?

A simple acknowledgment of paternity within Germany can often be carried out without legal assistance. However, it becomes more complicated when multiple authorities and countries are involved.

Typical problems include missing or legalized foreign civil status documents, long waiting times at embassies, differing requirements of foreign missions, unclear responsibilities, the new procedure according to §§ 85a ff. of the Residence Act, or inquiries regarding the actual family relationship.

Standard information on the internet usually only explains the theoretical requirements . However, the procedural strategy is often crucial: Which authority should be contacted and when? What supporting documents should be submitted with the initial application? Should biological paternity be proven immediately through a valid DNA test? And can paternity acknowledgment, consent procedures, and visa applications be pursued concurrently?

As a law firm specializing in German visa and immigration law, VISAGUARD supports international families, particularly in coordinating between German embassies and consulates, immigration authorities, and visa procedures . Especially in complex cross-border cases, an early strategy can prevent months from being lost due to unnecessary delays or incomplete procedures.

Conclusion: Plan paternity acknowledgment and family reunification together

Since the 2026 reform, the process for establishing paternity for family reunification in Germany has become significantly more complex in certain cases. In addition to the family law requirements of Sections 1594 et seq. of the German Civil Code (BGB) , Sections 85a to 85d of the German Residence Act (AufenthG) may now necessitate an additional review by the immigration authorities.

For genuine biological fathers, the law also contains an important safeguard: the acknowledgment of a biological father cannot be abusive. Biological parentage can be proven in the proceedings, under the legal conditions, through genetic testing.

For international families, the correct sequence is therefore crucial. Paternity acknowledgment, review by the immigration authorities, and the family reunification visa should be considered a cohesive process from the outset. Waiting until one step is completed before preparing for the next risks unnecessary delays.