Kinfolk - Government seeks harsher punishment for false paternity claims
The German administration plans to enact tougher regulations against bogus parenthood to safeguard residency rights. A draft legislation from the Federal Ministry of the Interior and the Federal Ministry of Justice has been given the green light by Berlin's cabinet.
Federal Justice Minister Marco Buschmann (FDP) stated, "Fraudulent acknowledgement of paternity is a cunning ploy, ultimately to bypass immigration regulations." Males would claim fatherhood for offspring whom they had neither a biological nor a social link, and were not keen on establishing any relationship whatsoever. "It's typically about individuals who lack the right to stay in Germany but seek it, obtaining one through these deceitful practices." Frequently, the kid would be granted German citizenship, per government circles. In return, money would be exchanged, it was added. Following the cabinet's decision, the Bundestag became active.
Sham fatherhood is already prohibited, but authorities argued they have had trouble handling it effectively. The legislator has made two attempts since 2008 to curtail sham fatherhood. The first effort was nullified by the Federal Constitutional Court - due to its harshness towards children who could become stateless as a consequence. The second reform mandated that notaries and child welfare offices report suspected cases to the immigration authority, but this attempt was deemed ineffective. Because deceitfulness is detected, if at all, only later. This is attributed to the fact that notaries and child welfare offices lack the information that might arouse suspicion.
"We're erecting a formidable barrier to deception and legal misuse to acquire residency rights in Germany," declared Faeser. Unauthorized parenthood is also harmful to impacted children. "We need to shield children from being manipulated by impostor fathers."
From now on, approval from the immigration authorities will be needed before the father's name is added to the birth certificate, if there's a foreign legal significance between the actual or supposed parents - for example, if the "father" is a German citizen, but the "mother" lacks a secure residency permit. If the immigration authorities disagree, the registry office will reject the man's name from being added.
If the man can confirm his biological fatherhood, a test for potential deceit is unnecessary. If it's apparent that he assumes responsibility for the child - for instance, if he's been living with the mother for more than six months - the immigration authorities will generally presume he's the father.
If it transpires later that the recognition was not genuine, it can be revoked within five years, given certain prerequisites exist. Deceptive misrepresentation of the authorities should be punishable in future.
According to the German government, the immigration authorities examined 1769 potentially fraudulent cases and identified 290 such bogus recognitions between 2018 and 2021. However, it was added that the real extent is likely much greater.
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- Under the proposed regulations, the Federal Government aims to prevent false paternity claims to safeguard the right of residence for children in Berlin.
- The new legislation, initiated by the Federal Ministry of the Interior and the Federal Ministry of Justice, aims to combat sham fatherhood, particularly among refugees in Germany.
- Additionally, the FDP's Federal Justice Minister, Marco Buschmann, has advocated for stricter measures against false paternity claims, stating they are often used as a means to bypass immigration regulations.
- The German Cabinet has approved the draft legislation, which requires the immigration authorities to approve a man's name addition to a birth certificate if there is a foreign legal significance between the parents.
- If it's proven later that the recognition was not genuine, the man's name can be removed within five years under certain conditions, emphasizing the need to punish deceptive misrepresentation in future.
- The FDP has mentioned that notaries and child welfare offices are often not aware of the necessary information to arouse suspicion, making it challenging to detect false paternity claims promptly.
- The immigration authorities have identified 290 false paternity claims between 2018 and 2021, but it's believed the actual number is much higher.
- In Germany, the issue of false paternity claims is particularly relevant for migrants seeking permanent residence, as they often use children to obtain German citizenship through deceitful means.
- Critics argue that the new regulations may disproportionately affect men of color and marginalized communities, potentially denying them their right to family and paternity recognition in Germany.
