For a child whose parents are not or were not married to each other at the time of birth, joint custody can be declared in the form of a certificate at the specialist service for children, youth and family (youth welfare office). Notarization is also possible before the child is born.

If a woman is not married (to the father) at the time of the birth, she has sole custody by law. This does not apply if (prenatal) paternity and joint custody have been recorded. In this case, the parents share joint custody of their child.

If the father is not married to the mother at the time of birth, she has sole custody by law. This does not apply if (prenatal) paternity and joint custody have been recorded. In this case, the parents share joint custody of their child.

There is no obligation to clarify legal paternity. However, the child has a claim against its mother to clarify its parentage. Maintenance claims can only be asserted once paternity has been effectively established.

For a child whose parents are not or were not married at the time of birth, paternity can be acknowledged in the form of a certificate at the specialist service for children, youth and family (youth welfare office). Notarization is also possible before the child is born. Once the child has been born, paternity can also be certified at the registry office or by a notary.

The official guardian can help to establish a father. In such a case, contact the responsible official guardian to discuss the procedure. Paternity may then be established with the help of a guardian.

In principle, an unmarried mother has sole custody of the child. However, if the mother is still a minor at the time of the child's birth, a so-called "legal guardianship" is automatically established for the child. The so-called "official guardianship" is assumed by the local youth welfare office. As the mother is still a minor and therefore only has limited legal capacity under the law, the legislator wants to ensure that the child receives sufficient support. Provided there are no problems, the child remains in the care of the underage mother and is involved in all decisions.

Guardianship may arise by operation of law or be appointed by the local court.

A statutory guardianship is automatically established in the case of a minor mother. This guardianship ends as soon as the mother reaches the age of majority. The “automatic” guardianship does not apply if the child’s father is of legal age, paternity has been established before the birth, and the parents have submitted a declaration of joint parental responsibility.

A court-appointed guardianship is established by order of the local court when parents—for a variety of reasons—are unable to care for their child(ren).

If no suitable person can be found within the family, through an organization, or as a volunteer guardian, the City of Salzgitter is appointed as the “official guardian.”

The actual administration of guardianship takes place within the framework of private law. The individuals who exercise guardianship largely fulfill the duties that, in the absence of guardianship, would have to be carried out by the parents. The actual care of the child is generally entrusted to other individuals and/or agencies. A guardian represents the person under guardianship in all matters (in which that person cannot make decisions on their own).

Examples:

• Opening a savings account
• Consent to surgery
• Changing schools
• Determining the place of residence
  

In the area of guardianship, there are additional provisions that, due to their complexity, cannot be described in detail here.

Statutory guardianship ends when the mother reaches the age of majority.

An appointed guardianship ends through the transfer of custody back to the mother, transfer to another guardian (e.g., within the family), or when the ward reaches the age of majority.