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German Law/What can I do?


QUESTION: I am an Asylum seeker. I have a german girl friend that is pregnant for me now. she had not finished her divorce with her ex man. Now she is making problem that I will not sign as the father of the baby. She even threaten me that I may not be the father of the baby since she start chatting with another man on the internet. Please what is your advice for me? do I go to court?

ANSWER: Hello Benedict,

as long as the mother is married, her husband will legally be assumed to be the father of the child.

You would need to contest the paternity of the father (by going to court) and offer to accept paternity yourself. If there will be a dispute about paternity, a DNA test will determine who is the actual father.

Because you are not married, the mother can refuse to grant you custody, but she cannot refuse to grant you paternity.

Andreas Moser

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QUESTION: If finally she finished her divorce before the baby is born, what is my position on this?

Then you would still need to establish paternity, but you can do it without contesting the ex-husband's paternity. Because the baby will be born without an official father, you can simply sign an acknowledgement of paternity.

Obviously, a lot depends on what the mother will do and if she will be divorced by then. Please feel free to contact me again when time will have come.

Andreas Moser

German Law

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Andreas Moser


Extensive experience in international family law, especially international child abductions and child custody cases. All other areas of German law as well: constitutional law, criminal law, business and contract law, immigration law, inheritance law, and so on.


Lawyer in Germany from 2002 to 2009. Lawyer for US Army JAG Corps before. Bar-certified specialisation in family law and in administrative law. Articles and lectures about international and domestic family law.


2000 Law Degree from University of Regensburg, Germany 2002 admitted to the bar (until 2009) 2013 MA Philosophy at the Open University, UK

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