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=U3= Sec1591 -- Section 1591 Maternity
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=S=> BGB 1591 The mother of a child is the woman who gave birth to it .
=U3= Sec1592 -- Section 1592 Paternity
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=S=> BGB 1592 The father of a child is the man who is married to the mother of the child at the date of the birth , who has acknowledged paternity or whose paternity has been judicially established under section 1600d or section 182 ( 1 ) of the Act on the Procedure in Family Matters and in Matters of Non-contentious Jurisdiction [ Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit ] .
=U3= Sec1593 -- Section 1593 Paternity in the case of dissolution of the marriage by death
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=U3= Sec1592 -- Section 1592 no . 1 applies with the necessary modifications if the marriage has been dissolved by death and within 300 days after the dissolution a child is born . If it is certain that the child was conceived more than 300 days before its birth , this period of time is conclusive . If a woman who has entered into a further marriage gives birth to a child that would be both the child of the former husband under sentences 1 and 2 and the child of the new husband under section 1592 no . 1 , it is to be regarded only as the child of the new husband . If the paternity is challenged and if it is finally and non-appealably established that the new husband is not the father of the child , then it is the child of the former husband . Section 1594
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=S=> BGB 1592 Acknowledgement of paternity
=S=> BGB 1592. 1 The legal effects of acknowledgement may , to the extent that statute does not provide otherwise , be asserted only from the date on which the acknowledgement becomes effective .
=S=> BGB 1592. 2 An acknowledgement of paternity is not effective as long as the paternity of another man is in effect .
=S=> BGB 1592. 3 An acknowledgement subject to a condition or a stipulation as to time is ineffective .
=S=> BGB 1592. 4 The acknowledgement is admissible even before the birth of the child .
=U3= Sec1595 -- Section 1595 Need for approval of the acknowledgement
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=S=> BGB 1595. 1 The acknowledgement requires the approval of the mother .
=S=> BGB 1595. 2 The acknowledgement also requires the approval of the child if the mother does not have parental custody in this respect .
=S=> BGB 1595. 3 The approval is governed by section 1594 ( 3 ) and ( 4 ) with the necessary modifications .
=U3= Sec1596 -- Section 1596 Acknowledgement and approval in the case of lack of capacity to contract or limited capacity to contract
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=S=> BGB 1596. 1 A person whose capacity to contract is limited may only acknowledge without a representative . The approval of the legal representative is required . For a person who has no capacity to contract , the legal representative may acknowledge , with the approval of the family court ; if the legal representative is a custodian , approval of the custodianship court is necessary . The approval of the mother is governed by sentences 1 to 3 with the necessary modifications .
=S=> BGB 1596. 2 For a child that is incapable of contracting or is not yet fourteen years old , only the legal representative may approve the acknowledgement . Apart from this , a child that has limited capacity to contract can only give approval without a representative ; this requires the approval of the legal representative .
=S=> BGB 1596. 3 A person of full age placed under care who is capable of contracting may only acknowledge or give approval without a representative ; section 1903 is unaffected .
=S=> BGB 1596. 4 Acknowledgement and approval may not be declared by an authorised representative .
=U3= Sec1597 -- Section 1597 Formal requirements ; revocation
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=S=> BGB 1597. 1 Acknowledgement and approval must be notarially recorded .
=S=> BGB 1597. 2 Certified copies of the acknowledgement and of all declarations that are important for the effectiveness of the acknowledgement are to be sent to the father , the mother and the child , and to the registry of births , deaths and marriages .
=S=> BGB 1597. 3 The man may revoke the acknowledgement if it has not yet become effective one year after the recording . The revocation is governed by subsections ( 1 ) and ( 2 ) and section 1594 ( 3 ) and section 1596 ( 1 ) , ( 3 ) and ( 4 ) with the necessary modifications .
=U3= Sec1598 -- Section 1598 Ineffectiveness of acknowledgement , approval and revocation
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=S=> BGB 1598. 1 Acknowledgement , approval and revocation are ineffective only if they do not satisfy the requirements of the above provisions .
=S=> BGB 1598. 2 Where , since the entry in a German register of civil status , five years have passed , the acknowledgement is effective , even if it does not satisfy the requirements of the above provisions .
=U3= Sec1598a -- Section 1598a Claim to consent to a genetic examination to clarify natural parentage
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=S=> BGB 1598a. 1 To clarify the natural parentage of the child , the father may require mother and child , the mother may require father and child , and the child may require both parents to consent to a genetic paternity test and to acquiesce in the taking of a genetic sample appropriate for the test . The sample must be taken in compliance with the recognised principles of science .
=S=> BGB 1598a. 2 On the application of a person entitled to clarify , the family court must substitute consent that has not been given and order acquiescence in the taking of a sample .
=S=> BGB 1598a. 3 The court suspends the proceeds if and as long as the clarification of the natural parentage would result in a considerable adverse effect on the best interests of the minor child which would be unreasonable for the child even taking into account the concerns of the person entitled to clarify .
=S=> BGB 1598a. 4 A person who has consented to a genetic paternity test and has given a genetic sample may require the person entitled to clarify who has had a paternity test made to permit inspection of the genetic paternity test report or to provide a copy . The family court decides disputes arising from the claim under sentence 1.
=U3= Sec1599 -- Section 1599 Non-existence of paternity
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=S=> BGB 1599. 1 Section 1592 nos . 1 and 2 and section 1593 do not apply if , by reason of contestation , it has been finally and non-appealably established that the man is not the father of the child .
=S=> BGB 1599. 2 Section 1592 no . 1 and section 1593 also do not apply if the child is born after a divorce petition is pending at court and a third person , at the latest before the end of one year after the decree granting the divorce petition has become final and absolute , acknowledges paternity ; section 1594 ( 2 ) does not apply . In addition to the declarations necessary under sections 1595 and 1596 , the acknowledgement requires the approval of the man who is married to the mother at the date of the birth ; this approval is governed by section 1594 ( 3 ) and ( 4 ) , section 1596 ( 1 ) sentences 1 to 3 , ( 3 ) and ( 4 ) , section 1597 ( 1 ) and ( 2 ) and section 1598 ( 1 ) with the necessary modifications . The acknowledgement becomes effective at the earliest when the decree granting the petition for divorce becomes final and absolute .
=U3= Sec1600 -- Section 1600 Persons entitled to contest
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=S=> BGB 1600. 5 If the child , with the consent of the man and the mother , was conceived by means of artificial insemination by sperm donation from a third person , the contestation of paternity by the man or the mother is excluded .
=S=> BGB 1600. 6 The Land governments are authorised to specify the public authorities under subsection ( 1 ) no . 5 by statutory order . The Land governments may transfer this authorisation by statutory order to the competent supreme Land authorities . If the public authority does not have local jurisdiction under these provisions , the jurisdiction is determined by the seat of the court that is competent for the action .
=U3= Sec1600a -- Section 1600a Personal contestation ; contestation in the case of lack of capacity to contract or limited capacity to contract
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=S=> BGB 1600a. 1 The contestation may not be made through an authorised representative .
=S=> BGB 1600a. 2 The persons entitled to contest in the meaning of section 1600 ( 1 ) nos . 1 to 3 may contest the paternity only without a representative . This also applies if they have limited capacity to contract ; they do not need the approval of their legal representatives for this . If they have no capacity to contract , only their legal representative may contest .
=S=> BGB 1600a. 3 For a child that is incapable of contracting or has limited capacity to contract , only the legal representative may contest .
=S=> BGB 1600a. 4 The contestation through the legal representative is admissible only if it serves the best interests of the person represented .
=S=> BGB 1600a. 5 A person of full age placed under care who is capable of contracting may contest the paternity only without a representative .
=U3= Sec1600b -- Section 1600b Contestation periods
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=S=> BGB 1600b. 1 The paternity may be contested at court within two years . The period commences on the date on which the person entitled learns of the circumstances that argue against the paternity ; the existence of a social and family relationship in the meaning of section 1600 ( 2 ) first alternative does not prevent the period from running .
=S=> BGB 1600b. 1a In the case of section 1600 subsection ( 1 ) no . 5 , the paternity may be contested in court within one year . The period commences when the public authority entitled to contest paternity obtains knowledge of the fact that justify the assumption that the requirements for its right to contest are satisfied . The contestation is excluded at the latest after the expiry of five years after the acknowledgement of paternity for a child born in the Federal territory ; failing this , at the latest five years after the entry into the country of the child .
=S=> BGB 1600b. 2 The period does not commence before the birth of the child , nor before the acknowledgement has become effective . In the cases of section 1593 sentence 4 , the period does not begin before the finality and non-appealability of the decision finding that the new husband of the mother is not the father of the child .
=S=> BGB 1600b. 3 If the legal representative of a minor child did not contest the paternity in good time , the child may contest it itself after it has reached the age of majority . In this case , the period does not begin before the minor becomes of full age , nor before the date on which the child learns of the circumstances that argue against the paternity .
=S=> BGB 1600b. 4 If the legal representative of a person incapable of contracting did not contest the paternity in good time , the person entitled to contest may himself contest after the lack of capacity to contract comes to an end . Subsection ( 3 ) sentence 2 applies with the necessary modifications .
=S=> BGB 1600b. 5 The period is suspended by the commencement of proceedings under section 1598a subsection ( 2 ) ; section 204 subsection ( 2 ) applies with the necessary modifications . The period is also suspended as long as the person entitled to contest is unlawfully prevented from contestation by threat . Apart from this , sections 206 and 210 apply with the necessary modifications .
=S=> BGB 1600b. 6 If the child obtains knowledge of circumstances on the basis of which the consequences of the paternity are unreasonable for it , the period of subsection ( 1 ) sentence 1 commences again for the child on this date .
=U3= Sec1600c -- Section 1600c Presumption of paternity in contestation proceedings
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=S=> BGB 1600c. 1 In the proceedings to contest the paternity , it is presumed that the child is the descendant of the man whose paternity exists under section 1592 nos . 1 and 2 and section 1593.
=S=> BGB 1600c. 2 The presumption under subsection ( 1 ) does not apply if the man who has acknowledged paternity contests the paternity and his acknowledgement suffers from a defect in the intention under section 119 ( 1 ) and section 123 ; in this case , section 1600d ( 2 ) and ( 3 ) apply with the necessary modifications .
=U3= Sec1600d -- Section 1600d Court determination of paternity
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=S=> BGB 1600d. 1 If there is no paternity under section 1592 nos . 1 and 2 and section 1593 , the paternity must be determined by the court .
=S=> BGB 1600d. 2 In the proceedings for court determination of paternity , it is presumed that the father is the man who had sexual intercourse with the mother in the period of conception . The presumption does not apply if there are serious doubts as to the paternity .
=S=> BGB 1600d. 3 The period of conception is deemed to be the time from the 300th to the 181st day before the birth of the child , including both the 300th and the 181st days . If it is certain that the child was conceived outside the period of sentence 1 , this deviating period of time is deemed to be the period of conception .
=S=> BGB 1600d. 4 The legal effects of paternity may , to the extent that statute does not provide otherwise , be asserted only from the date on which they are established .
=U3= Sec1600e -- Section 1600e Jurisdiction of the family court ; right of action and answerability as the proper party
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=S=> BGB 1600e. 1 The family court decides on the determination or contestation of paternity upon an action of the man against the child , upon an action of the mother or the child against the man , in the case of contestation under section 1600 subsection ( 1 ) no . 2 upon an action against the child and the father in the meaning of section 1600 subsection ( 1 ) no . 1 or in the case of contestation under section 1600 subsection ( 1 ) no . 5 upon an action against the child and the father in the meaning of section 1592 no . 2. If a person against whom the action would have to be directed in the case of contestation under section 1600 ( 1 ) no . 2 or 5 is deceased , the action is to be directed only against the other person .
=S=> BGB 1600e. 2 If the persons against whom the action would have to be directed are deceased , the family court decides on the application of the person or the public authority that would be entitled to take action under subsection ( 1 ) .
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