Legal information

The birth of a child is a special moment in every family’s life. Aside from its emotional significance, there are also numerous legal aspects that must be considered. Below you will find important legal information to keep in mind during pregnancy and after the birth of your child.

In Germany, parents are entitled to parental leave to care for their newborn child. This can last up to three years and can be taken by both parents. During parental leave, parents have protection against dismissal, and they can work part-time if the employer agrees.

Parental allowance is granted during parental leave and is based on the income of the last 12 months before the birth. There is a minimum amount, but also a maximum limit. Parents can receive parental allowance for up to 14 months if both parents take part of their parental leave.

For the father of a child born out of wedlock, there is the option to voluntarily acknowledge paternity. This can be done directly after birth at the hospital or at the youth welfare office. By acknowledging paternity, both parents jointly take responsibility for the child.

Parents have the right to freely choose their child’s name. For married couples, the child’s surname can be the marital name of either parent. For unmarried couples, both parents must agree on the choice of name.

From birth, parents are entitled to child benefit, which is paid monthly. The amount of child benefit depends on the number of children and the child’s age. Child benefit can be paid until the child turns 18, and in certain cases even beyond, for example, if the child is in education or training.

Newborns are usually covered by the mother’s or father’s statutory health insurance. However, it is important that parents notify the child’s health insurance as soon as possible to ensure proper coverage. In the first three months after birth, newborns are usually covered free of charge.

After birth, the child must be registered at the civil registry office of the place of birth. This is usually done by the parents and is necessary to obtain a birth certificate. This certificate is important for many administrative processes, such as applying for child benefit or enrolling the child in school.

For married couples, custody is automatically assigned jointly to both parents. For unmarried parents, custody can be exercised solely by the mother unless paternity is acknowledged and the father applies for joint custody.

If one or both parents are unable to care for their child, the child can be put up for adoption. This is a legal process that requires the consent of the youth welfare office and, in some cases, also the consent of the biological parent.