Child's Last Name from a Mother with Unclear ID

This article will discuss problems of issuing a birth certificate for children born to those asylum seekers having an identity problem.

Many people complained with lack of understanding that children born to asylum seekers do not receive a birth certificate in Germany. The Bavarian OLG clarified this problem with its judgment of November 16, 2004 (re 1 Z BR 84/04).

Whenever the identity of the child's mothers is unclear, the problem will arise which data is to be written into child‘s birth certificate. Nobody will seriously question the fact that the child has been born. Only its identity is questioned because it is unclear from whom she origins. This will be the case if the mother has no valid ID. The mother will have no valid ID if she "lost" her passport and no other official document can prove that she is whom she claims to be. It cannot be that a person without clarified identification gives another person an identity.

Bavaria's Superior Regional Court ruled that a clarifying remark can be added into the birth certificate to show the uncertain ID situation. This remark will show that the identity and citizenship of the mother and therefore the child have not been proved by ID or other document of an administrative office. As soon as the mother's identity is clarified she can apply at her local office for vital statistics (Standesamt) to correct the now wrong birth certificate.

To have the father entered into the birth certificate is not possible as long as the father cannot prove his fatherhood. Such proof could be a marriage certificate or a formal acknowledgment of affiliation (in court).

Even if you are an asylum seeker and you have the possibility to identify yourself, do so. As can be seen here, it prevents a lot of avoidable problems.

Published on the old CMS: 2007/1/3
Read on the old CMS till November 2008: 83 reads