For a child whose parents are not or were not married to each other at the time of birth, joint custody can be declared in the form of a certificate at the specialist service for children, youth and family (youth welfare office). Notarization is also possible before the child is born.

If a woman is not married (to the father) at the time of the birth, she has sole custody by law. This does not apply if (prenatal) paternity and joint custody have been recorded. In this case, the parents share joint custody of their child.

If the father is not married to the mother at the time of birth, she has sole custody by law. This does not apply if (prenatal) paternity and joint custody have been recorded. In this case, the parents share joint custody of their child.

There is no obligation to clarify legal paternity. However, the child has a claim against its mother to clarify its parentage. Maintenance claims can only be asserted once paternity has been effectively established.

For a child whose parents are not or were not married at the time of birth, paternity can be acknowledged in the form of a certificate at the specialist service for children, youth and family (youth welfare office). Notarization is also possible before the child is born. Once the child has been born, paternity can also be certified at the registry office or by a notary.

The official guardian can help to establish a father. In such a case, contact the responsible official guardian to discuss the procedure. Paternity may then be established with the help of a guardian.

In principle, an unmarried mother has sole custody of the child. However, if the mother is still a minor at the time of the child's birth, a so-called "legal guardianship" is automatically established for the child. The so-called "official guardianship" is assumed by the local youth welfare office. As the mother is still a minor and therefore only has limited legal capacity under the law, the legislator wants to ensure that the child receives sufficient support. Provided there are no problems, the child remains in the care of the underage mother and is involved in all decisions.

When the child's mother comes of age, the official guardianship ends automatically.