Getting a German passport for a minor

66 posts in this topic

Posted

My youngest child is entitled to a German passport, as she gets her German Staatsangehörigkeit from her father. The problem is, he opposes dual citizenship. At the authorities I was told I need a certified copy of his passport to complete my daughter's application even though on the Zustimmung zur Anerkennung der Vaterschaft it states the father's nationality. He refused to give me a copy. Well, she is American and German by birth. No one has the moral authority to deny her. Do I lawyer up?

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Posted

Do you have sole or shared custody of your child?

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Posted

sole

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Posted

Hi Peachy,

there have been quite some cases where "elbonian" fathers have "organised" passports for their half-german sons or daughters and then left germany towards "Elbonia" with the kids, leaving mommy behind without a trace about the fate of the children...

If I´d be the person at the Bürgermeisteramt and a foreigner would explicitly try to get passports for kids without a written authorisation of the other side (in your case, signed by the german father), my brain would switch to red-alert-mode.

Getting a passport without his "yes" will be tough, as this would make it possible for you to jump on a plane and be gone with the kids.

Cheers

Franklan

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Posted

Franklan, in this case, the father has not wanted anything to do with the child, although Peachy can correct me if this is no longer true. Peachy is trying to do right by the child, who has and deserves dual citizenship.

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Posted

Hi modernbird,

it is very likely that I´ll buy that after an explaination of the situation. But, as I do not hand out passports, this doesn´t bring peachy any further.

It is the authorities that look rather suspicious at the situation. The answer to why they do so is in my previous post.

Cheers

Franklan

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Posted

If I´d be the person at the Bürgermeisteramt and a foreigner would explicitly try to get passports for kids without a written authorisation of the other side (in your case, signed by the german father), my brain would switch to red-alert-mode.

What nonsense. It's a straightforward situation if one parent has sole custody.

From PandaMunich's link:

Diese Bestätigung dient der Mutter im Rechtsverkehr mit Behörden, Banken, gegenüber Kindergärten, Schulen, Ärzten, etc. als Nachweis, dass ihr im Umkehrschluss die alleinige elterliche Sorge für ihr Kind zusteht.

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Posted

Yep, the passport is just a travel document. Peachy's daughter has been a dual citizen since the day she was born.

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Posted

I know about the Negativbescheinigung. Before I even applies for my child's passport, I went to the Jugendamt. I was told that it is understood that I have Obsorge as an unwedded mother so I don't need it. The authorities never asked for the Bescheinigung, just needed a certified copy of the passport from the parent who is a German national.

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Posted

IMHO if a child had acquired more than one citizenship at birth then its irrelevant whether one parent "opposes" dual citizenship or not - they have it!

Possibly "getting rid" of one citizenship is an entirely different thing.

I explained this to him, but as Germany does not issue any sort of Nachweis der Staatsbürgerschaft, a passport would be a person's only proof. He doesn't want her to have it.

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Posted

I was told that it is understood that I have Obsorge as an unwedded mother so I don't need it.

You're going to need it from now on for anything that might requires the father's signature or permission.

a passport would be a person's only proof

Staatsangehörigkeitsausweis

Entgegen weitläufiger Meinung ist der Staatsangehörigkeitsvermerk Deutsch in einem (nachweislich echten) deutschen Personalausweis oder Reisepass kein wirklicher Nachweis über das Bestehen der deutschen Staatsangehörigkeit, sondern legt die Vermutung (vgl. Indiz) nahe, dass der Ausweisinhaber im Besitz der deutschen Staatsangehörigkeit ist.

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Posted

so should i lawyer up?

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Posted

Panda,

I really appreciate all the detailed information. The problem I have is, my daughter's application was turned down because I could not produce a certified copy of her father's passport, and he won't give it to me. They didn't even ask for the Negativtest. Have I been misinformed or what? I spoke to two people there.

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Posted

The KVR/Bürgerbüro where you applied for your daughter's passport is a different Behörde from the Sozialreferat/Jugendamt.

They do not know the ins and outs of all possible exceptions, they just know their standard case, shared custody, and for shared custody you need the father's accord for everything.

You, as an unmarried mother who did not give share custody to the father of the child, are an exception, and since the KVR/Bürgerbüro cannot be expected to know about all the exceptions, they need an official paper telling them that they can deviate from the standard way of doing things - this piece of paper is the Negavtivattest (attest = from attestation).

If they get difficult even after you show them the Negativattest, then take the Negativattest to Ruppertstr. 19 and get your daughter's Staatsangehörigkeitsausweis, and then turn up with that and the Negativattest at your local Bürgerbüro to apply for your daughter's passport.

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Posted

Isn't the problem not that the child can't be given a passport without the father's permission, but proving that he is a German citizen without a copy of the father's passport?

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Posted

So what did they suggest that you do?

If the father continued to refuse, I should contact the Jugendamt who would then put pressure on him and can file a lawsuit on the child's behalf.

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Posted

If the father continued to refuse, I should contact the Jugendamt who would then put pressure on him and can file a lawsuit on the child's behalf.

So then the Jugendamt would supply the legal means?

No need for you to spend money on a lawyer then...

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