German Child and Parent Law

Parent-Child Relationship

The legal relationship between parents and their children is governed by Sections 1589-1698b BGB (Book 4, Family Law). The German constitutional framework places the best interests of the child (Kindeswohl) as the paramount consideration, derived from Article 6(2) GG, which provides that “care and upbringing of children are the natural right of parents and a duty primarily incumbent upon them.” The state supervises the exercise of parental responsibility.

Parentage (Abstammung) determines the legal parent-child relationship. Section 1591 BGB provides that the mother of a child is the woman who gave birth to the child. Paternity (Vaterschaft) under Section 1592 BGB is established by: (1) the father being married to the mother at the time of birth; (2) acknowledgement of paternity (Vaterschaftsanerkennung); or (3) judicial determination (gerichtliche Feststellung). Paternity acknowledgement must be publicly certified; the mother must consent. The child may challenge paternity within certain limits (Section 1600 BGB).

Parental Custody (Sorgerecht)

Parental custody (elterliche Sorge) under Sections 1626-1698b BGB encompasses the right and duty to care for, bring up, and represent the child. Parental custody includes care of the person (Personensorge) — education, medical decisions, choice of residence — and care of property (Vermogenssorge) — management of the child’s assets. The parent must exercise custody in the best interests of the child, respecting the child’s growing capacity for independent judgment.

Joint custody (gemeinsames Sorgerecht) is the default for married parents. For unmarried parents, the mother has sole custody unless the parents make a declaration of joint custody (Sorgeerklarung) or the father obtains a court order for joint custody. The Federal Constitutional Court in its 2010 decision (1 BvR 420/09) strengthened unmarried fathers’ access to joint custody, holding that the automatic sole custody of the mother violated the father’s parental rights under Article 6(2) GG.

Sole custody may be granted to one parent if joint custody is not in the child’s best interests, e.g. where there is severe and persistent conflict between the parents that harms the child, or where one parent is unable to properly care for the child. The family court (Familiengericht) decides custody matters upon application.

The child’s right to be heard (Kindesanhorung) is recognised in Section 159 FamFG: the family court must hear the child personally in proceedings concerning custody, visitation, or other matters affecting the child’s welfare. The court must take the child’s wishes into account according to the child’s age and maturity.

Visitation Rights (Umgangsrecht)

The right to visitation (Umgangsrecht) is both a right and obligation of the parent with whom the child does not primarily reside. Section 1684 BGB provides that the child has the right to contact with both parents; each parent has the right and obligation to maintain contact with the child. The family court may determine the scope of visitation and impose requirements to protect the child’s welfare.

The child’s right to contact with both parents is constitutionally protected under Article 6(2) GG. Grandparents, siblings, and other persons close to the child have a qualified right of contact if contact serves the child’s best interests (Section 1685 BGB). The court may limit or exclude visitation where contact would endanger the child’s welfare (Kindeswohlgefahrdung). The youth office (Jugendamt) may facilitate and supervise visitation.

Child Support (Kindesunterhalt)

The obligation to maintain a child (Kindesunterhalt) is governed by Sections 1601-1615 BGB. Parents are obliged to support their children; the obligation extends to majority (age 18) and through a reasonable education, including university studies. The parent with whom the child primarily resides provides support through care and upbringing (Naturalunterhalt or Betreuungsunterhalt). The other parent provides financial support (Barunterhalt).

The Dusseldorf Table (Dusseldorfer Tabelle) is the guideline used by German courts to determine child support amounts. The table, updated periodically, sets support amounts based on the paying parent’s net income and the child’s age. Income is divided into tiers; the support amount increases with each tier. The table also accounts for the number of dependent children.

Minimum child support (Mindestunterhalt) is defined by Section 1612a BGB and revised biennially. As of 2026, the minimum amounts are approximately EUR 480 per month for children up to age 5, EUR 553 for ages 6-11, EUR 649 for ages 12-17, and EUR 695 for young adults (18+). The child support obligation takes precedence over most other financial obligations of the parent. Parents who fail to pay support may face enforcement including wage garnishment, attachment of bank accounts, and, in cases of intentional default, criminal liability under Section 170 StGB (failure to pay maintenance).

Adoption (Adoption)

Adoption is governed by Sections 1741-1772 BGB and the Adoption Placement Act (Adoptionsvermittlungsgesetz, AdVermiG). Adoption creates a full parent-child relationship between the adoptive parent(s) and the child, extinguishing the legal relationship with the biological parents (Section 1755 BGB). The BGB distinguishes between adoption of minors and adoption of adults.

Requirements for the adoption of a minor (Minderjahrenannahme): (1) the adoption must serve the child’s best interests; (2) a parent-child relationship must be expected to develop between adoptive parent and child; (3) the child’s consent and the consent of the biological parents are required (Sections 1746-1747 BGB); (4) the adoptive parent must be at least 25 years old (for a married couple, one spouse must be at least 25, the other at least 21). Stepchild adoption (Stiefkindadoption) has relaxed requirements; the stepchild may adopt the spouse’s surname and acquire inheritance rights.

Adoption of adults (Volljahrenannahme, Section 1767 BGB) is permitted where it is morally justified — typically where a long-standing parent-child relationship exists, despite the child being of age. The effects are less extensive than minor adoption; the adopted adult retains inheritance rights vis-à-vis their biological parents and may also inherit from the adoptive parent.

The Jugendamt (Youth Office)

The Youth Office (Jugendamt) is the local public authority responsible for child and youth welfare under Book 8 of the Social Code (Sozialgesetzbuch VIII). Each Landkreis (district) and independent city maintains a Jugendamt. Its functions include: (1) supporting parents in the exercise of parental responsibility; (2) intervention where the child’s welfare is endangered (Kindeswohlgefahrdung, Section 1666 BGB); (3) facilitating and supervising visitation; (4) conducting adoption proceedings; (5) providing counselling on pregnancy, parenting, and family conflict.

When the Jugendamt becomes aware of a potential child welfare endangerment, it must assess the risk and, where necessary, bring the matter before the family court. The court may order measures including: (1) warnings and counselling orders; (2) partial restriction of parental custody; (3) placement of the child in foster care or institutional care (Heimerziehung); or (4) full withdrawal of parental custody. The principle of proportionality applies, and intervention must be the least intrusive means of protecting the child. The BVerfG has emphasised that the state’s duty to protect children under Article 6(2) GG requires effective intervention mechanisms while respecting family autonomy and the parents’ constitutional rights.