Kinship - The Cabinet takes strong actions against fake fathers.
Germany will crack down on fake parenthood to ensure legal residency. A proposed law from the Interior and Justice Ministries is set to be approved by the government today, as reported by the German Press Agency in Berlin.
This refers to situations where men falsely claim paternity for a child they have no genetic or social relationship with. These false claims are used to gain residency for someone who doesn't have a legitimate claim - often resulting in the child obtaining German citizenship. In exchange, money is commonly involved, according to government sources. Following the cabinet's decision, the parliament will move forward.
Existing prohibitions and reforms have not been successful enough. Today, sham fatherhood is illegal, but authorities struggle to tackle it effectively. The government has attempted twice since 2008 to stop this practice. The first reform was struck down by the Federal Constitutional Court - as it was unjust to children who could become stateless as a result. The second reform, which asked notaries and youth welfare offices to report suspicious cases, has been ineffective. These institutions lack the necessary information to take action, and it's impossible to correct mistakes retroactively.
In the future, immigration authorities must approve paternity entries only if there's an "alien law case" between the actual or alleged parents - for example, if the "father" is a German citizen but the mother doesn't have a secure residence permit. If the immigration authorities don't agree, the registry office should refuse to add the man's name to the birth certificate.
Exemptions will apply to proven biological fatherhood or assumed responsibility. If the man can prove he's the biological father, there's no need to check for potential fraud. If there are clear signs he's taken responsibility for the child or has lived with the mother for more than six months, the authorities will usually consider him the father.
If a false acknowledgment is later discovered, it can be revoked under certain circumstances within five years. Committing fraud against the authorities will be a punishable offense in the future.
German authorities reported handling 1769 suspected cases and identifying 290 false acknowledgments between 2018 and 2021. The real number could be much higher, officials said.
