The German Federal Ministry of the Interior has proposed legislation aimed at curbing a growing problem of “sham paternity” arrangements, a controversial practice raising concerns about immigration policy and state finances. The draft bill, reported by “Welt”, is slated for review by the Federal Cabinet on Wednesday.
The practice, which authorities are seeking to curtail, involves men, predominantly German citizens, formally recognizing children who are not biologically theirs, often in exchange for payment. These children, frequently foreign nationals and their mothers subsequently gain automatic residency permits in Germany. A significant and troubling consequence is that when, as commonly happens, these “fathers” are unable or unwilling to provide child support, the state is forced to cover the costs, diverting taxpayer funds.
The proposed legislation focuses on tightening controls within the process by requiring prior approval from immigration authorities in cases deemed to involve a “facilitation” – “aufenthaltsrechtliches Gefäll” – between the parties. This specifically targets scenarios where the recognizing individual is a German citizen while the child’s mother holds a temporary or limited residency permit. Without this immigration authority endorsement, registry offices are mandated to reject the application to register the man as the child’s father. This measure aims to alleviate the burden on notaries and registry offices currently processing these declarations.
Critics argue that the law, while addressing a problematic loophole, is a blunt instrument and risks unfairly impacting legitimate paternity acknowledgements. Concerns have also been raised about the potential for increased scrutiny and discrimination against foreign mothers seeking residency through paternal recognition. The legislation is expected to spark a broader debate about the intersection of immigration law, family law and the financial responsibilities of the state, raising further questions surrounding ethical considerations and the potential impact on vulnerable populations. The debate highlights the growing pressure within the government to address perceived abuses within the residency permit system and the complexities of balancing national security concerns with humanitarian obligations.
