Title 5

Parental custody

Section 1626a
Parental custody of parents who are not married to one another; declarations of parental custody

(1) Where the parents, at the date of the birth of the child, are not married to one another, they have joint
parental custody

1. if they declare that they wish to take on parental custody jointly (declarations of parental custody),

2. if they marry one another, or

3. if the family court transfers joint parental custody to them.

(2) On application by a parent, the family court is to transfer parental custody or a part of parental custody
to both parents jointly in accordance with subsection (1) no. 3 if the transfer is not inconsistent with the
best interests of the child. If the other parent fails to submit any reasons which might be inconsistent with
the transfer of joint parental custody, and if no such reasons are otherwise manifest, it is to be presumed
that joint parental custody is not inconsistent with the best interests of the child.

(3) Apart from this, the mother has parental custody.

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Section 1626b
Special requirements for the effectiveness of the declaration of parental custody

(1) A declaration of parental custody subject to a condition or a stipulation as to time is ineffective.

(2) The declaration of parental custody may be made even before the birth of the child.

(3) A declaration of parental custody is ineffective to the extent that a court decision on parental custody
under section 1626a (1) no. 3 or section 1671 has been made or such a decision has been altered under
section 1696 (1) sentence 1.

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Section 1626c
Declaring in person; parent with limited capacity to contract

(1) The parents may make the declarations of parental custody only without a representative.

(2) The declaration of parental custody of a parent with limited capacity to contract is subject to the
approval of his legal representative. The approval may only be given by the legal representative without a
representative; section 1626b (1) and (2) applies with the necessary modifications. The family court must
substitute the approval on the application of the parent with limited capacity to contract if the declaration
of parental custody does not conflict with the welfare of this parent.

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 Section 1626d
Form; duty of notification

(1) Declarations of parental custody and approvals must be notarially recorded.

(2) The reporting agency without undue delay notifies the making of declarations of parental custody and
approvals, stating the date of birth and place of birth of the child and the name that the child had at the
time when its birth was recorded to the youth welfare office competent under section 87c (6) sentence 2
of Book Eight of the Social Security Code [Sozialgesetzbuch] for the purposes designated in section 58a
of Book Eight of the Social Security Code [Sozialgesetzbuch].

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Section 1626e
Ineffectiveness

Declarations of parental custody are ineffective only if they do not satisfy the requirements of the above
provisions.