The German government is preparing to tighten measures against fraudulent paternity acknowledgments aimed at securing residence permits or committing social benefits fraud. According to the Interior and Justice Ministries, the federal cabinet on Wednesday approved a draft law designed to address the problem. Under the new rules, immigration authorities would be required to approve a paternity acknowledgment “when a constellation prone to abuse exists.” A new criminal offense is also planned for cases involving misuse.
Federal Interior Minister Alexander Dobrindt (CSU) called the amendment “absolutely necessary.” Speaking to journalists, Dobrindt referred to a German citizen living in Nigeria who had acknowledged paternity of 24 children, which, he said, had triggered residency rights and claims to social benefits in Germany. According to the minister, there are “criminal business models” built around paternity acknowledgments through which “residence permits and social benefits are being fraudulently obtained.”
Federal Justice Minister Stefanie Hubig (SPD) said the cases in question involve paternity acknowledgments that intentionally aim to “secure a residence permit for the mother and child.” She added, “Often the men are cashing in on this.” The Interior and Justice Ministries explained that such cases typically involve situations “in which there is an immigration-law imbalance between the man acknowledging paternity and the mother.” This is the case when one party holds German citizenship or secure residence status and the other does not.
However, situations in which abuse can be ruled out from the outset, such as when biological fatherhood has been confirmed through a genetic test, would be exempt from the requirement for immigration authority approval. In such cases, even with a residence-status imbalance, the paternity acknowledgment would remain valid without the authority’s consent.
Hubig emphasized that “the new review procedure only applies when fraudulent acknowledgment is a serious possibility.” She added, “Anyone who wants to take responsibility as a father will not have their life made unnecessarily difficult.” The draft law also introduces a mechanism for later review. If a paternity acknowledgment was made “on the basis of fraudulent deception, bribery, threats, or intentionally false information,” the immigration authority would be able to withdraw its approval, causing the acknowledgment to be revoked retroactively.
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