Germany moves to curb abuse of paternity acknowledgements

The German government has put forward a new draft law aimed at stopping what it describes the abuse of paternity acknowledgements — a practice critics call “sham paternity” (Scheinvaterschaft) — that can be used to secure residence rights, citizenship and social benefits for children and their parents. The reform reflects growing concern in Germany about immigration and integration, but it also raises difficult questions for thousands of migrant families who depend on these rules to acquire residency rights and stay together.

What Is Sham Paternity and Why the Reform?

Currently, a person can legally acknowledge a child as their own even without a biological or social connection, critics say. When one parent is German, this recognition can grant the child German citizenship and may also provide a residence permit for the non-German parent. These protections are grounded in the constitutional right to family life.

Sham paternity occurs when recognition is made solely to create residence rights, without any real parental responsibility. The government argues that existing laws are insufficient to prevent this form of misuse, even though documented cases remain relatively few.

The legislation is gender-neutral, meaning it applies equally whether the German parent is a mother or a father.

To address this, the German Interior and Justice Ministries have drafted legislation that lays out new procedures and stricter controls to prevent abuse. The government argues that existing safeguards are insufficient and that tightening the paternity recognition process is necessary to uphold the rule of law.

Key Changes Proposed

Under the draft law:

• Immigration authorities must approve paternity recognitions in cases where the legal status of the parents differs — for example, when the father has German citizenship or secure residence, but the mother does not. Without such approval, the acknowledgement will not take effect.

• Standesämter (civil registry offices) will be required to flag cases with “residence‑rights disparities” for further review by immigration authorities before effecting a recognition.

• If authorities later discover that a recognition was based on fraudulent information, coercion or bribery, they could retroactively revoke the paternity recognition — and with it any derived immigration benefits.

• Intentional misuse of paternity recognition to secure a residence right could be criminally punishable.

The government says the new system would still allow legitimate family cases to proceed without delay, and that bona fide binational families will not be unfairly blocked.

Exemptions

Some situations will bypass additional scrutiny, including:

• Verified biological paternity or maternity through DNA testing.

• Families already married or living together for at least 18 months.

• Cases with existing siblings that demonstrate established family bonds.

Concerns for Migrant Families

While the reform seeks to stop clear cases of fraud, critics warn it may cast too wide a net and affect many legitimate families — especially those in binational relationships where one parent is not a German citizen. In Europe’s largest migrant receiving country, such families are numerous, and questions remain about how quickly and fairly authorities can distinguish genuine family bonds from abuse.

Opposition voices in German politics and civil society have also expressed concern that the reform could stigmatise international families, placing all binational paternity cases under suspicion, even though documented abuse cases have historically been small compared with the total number of acknowledgements.

For many migrants, the possibility of being reunited with children and spouses in Germany hinges on clear and fair recognition of family relationships. If procedures become more bureaucratic or subject to delay, family unity — already fragile for some, especially refugees and migrants with temporary status — could be further strained.

Looking Ahead

The draft law still needs to be debated and approved by the German Bundestag and Bundesrat before it becomes binding. As it moves through parliament, migrant advocacy groups and legal experts will be watching closely to ensure that efforts to prevent abuse do not unintentionally jeopardise the rights of genuine families seeking stability, protection and reunification.

Vivian Asamoah