Germany moves to curb abuse of paternity acknowledgments

The German government has put forward a new draft law aimed at stopping what it describes as the abuse of paternity acknowledgments — a practice called “sham paternity” (Scheinvaterschaft) — that can be used to secure residence rights, citizenship and social benefits for children and their parents. The reform is intended by the government of Chancellor Friedrich Merz to address growing concerns 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 man can legally acknowledge that he is the father of a child even if he is unrelated biologically or socially, critics say. Under German law, such recognition can give the child the right to German citizenship and — through family reunification rules — can secure a residence permit for the mother as well. This is grounded in the constitutional protection of the family, which supports the right of family members to live together.

However, authorities and lawmakers say some men — often with no real connection to the child — have exploited this process. In some cases, paternity is acknowledged not as an expression of family responsibility, but solely to obtain immigration benefits and access to social services. There have been reports of situations where paternity is acknowledged in exchange for payment, and the child and mother subsequently receive rights that otherwise might not arise under immigration law.

The legislation is gender-neutral, meaning it applies equally whether the German parent is a mother or a father. Here is how paternity recognition works when the roles are reversed: if a migrant father without legal residence status is formally recognised as the father of a child born to a German mother, the father may also obtain a legal right of residence in Germany.

The government argues that existing laws are insufficient to prevent abuse of paternity acknowledgments, even though documented cases remain relatively few.

To address this, the German Interior and Justice Ministries have drafted a 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:

• Standesämter (civil registry offices) will be required to flag cases with “residence‑rights disparities” for further review by immigration authorities before effecting a recognition. For example, if a German mother acknowledges a foreigner father who lacks legal residence, or a German father acknowledges a foreign mother with temporary status, the recognition would require review

• Immigration authorities must approve paternity recognitions in such cases. Without such approval, the acknowledgment will not take effect.

• 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 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. 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 concerns 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 legislation still needs to be debated and approved by the Bundestag and Bundesrat before it becomes law. 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