BGH Ruling: Mother’s Consent Not Required for Posthumous Paternity Acknowledgment

In a recent ruling, the Federal Court of Justice (BGH) in Germany clarified that a mother’s consent is not necessary for the acknowledgment of paternity if she has already passed away. This decision concerns a case where a now deceased father wanted to acknowledge his 60-year-old daughter, whose mother died in 2004. Despite the consent of both father and daughter in 2021, the registry office questioned the validity of the acknowledgment and referred the case to the local court. The local court denied the entry of paternity acknowledgment due to the lack of the mother’s consent.

However, the BGH overturned this decision, stating that the consent of a deceased parent is no longer required. This does not apply to minors under 14 years of age, for whom a legal guardian’s consent is necessary. The BGH emphasized that the primary purpose of the mother’s consent requirement ceases with her death. The court further stated that the well-being of the child requires an efficient and prompt possibility of paternity acknowledgment even after the mother’s death. The BGH noted that even with a paternity acknowledgment made with the mother’s consent, the biological parentage is not always guaranteed.