Joint custody; declaration

When a child is born out of wedlock, the mother has sole custody. However, parents who are not married to each other can establish joint custody by declaring that they wish to assume joint custody (declarations of custody).

Declarations of custody must be publicly notarized. The notary of the Youth Welfare Office is authorized to make the public notarization. The purpose of notarization is primarily to provide prior instruction on the general consequences of the declaration of custody.

Declarations of custody must be made in person. A minor parent with limited legal capacity requires the consent of their legal representative to make a declaration of custody. Declarations of custody can be made before the child is born.

The notary at any youth welfare office in Germany is responsible for public notarization. In addition, any notary public can also notarize declarations of custody.

Notarizations by the notary of the Youth Welfare Office are free of charge.