Paternity Recognition and Joint Custody for Unmarried Parents in Austria

When a child is born to unmarried parents in Austria, the father-child legal relationship is not established automatically. The father must formally recognise paternity, and only then can the parents arrange joint custody. This guide explains how the process works in 2026.

Key points

• For unmarried parents, the legal relationship between the father and child is created through a Vaterschaftsanerkenntnis or court determination of paternity.
• There is no deadline for recognising paternity, and recognition is possible before the birth.
• Recognition itself is generally free, but preparing the document, for example through a notary, may cost money.
• At birth, custody (Obsorge) automatically belongs only to the mother. The parents can request joint custody at any Austrian registry office.
• The mother and child can challenge the recognition in court within two years.

Why is recognition of paternity important?

For unmarried parents, paternity has not been legally established at the time of birth. Until paternity is recognised or determined by a court, the father cannot be entered on the child’s birth certificate (Geburtsurkunde).

Establishing paternity is required for matters including:

• child maintenance (Unterhalt),
• the child’s legal right to inherit,
• the supplement connected with childcare allowance (Kinderbetreuungsgeld).

Where can paternity be recognised?

The father must appear in person and sign a domestic public document or certified document. This can be done anywhere in Austria at one of the following places:

• the registry office (Standesamt);
• the child and youth welfare authority (Kinder- und Jugendhilfeträger), at the district authority (Bezirkshauptmannschaft) or, in a statutory city, at the Magistrat;
• the district court (Bezirksgericht);
• a notary (Notar).

At a district court, the competent court is generally the one responsible for the place where the child—or, before the birth, the mother—has their habitual residence. Outside Austria, the competent authority is the Austrian embassy or consulate.

Recognition takes effect when the document, or a certified copy, reaches the registry office responsible for the child’s place of birth. At the registry office, recognition of paternity, registration of the birth and arrangements for custody can be handled together.

When can paternity be recognised, and what does it cost?

Recognition is generally completed when the birth is reported (Anzeige der Geburt), but there is no deadline. It is also possible before the birth. This can be useful if the father may later be unable to appear, for example because of a lengthy stay abroad or serious illness.

Recognition itself is generally free. Preparing the documents, including a notarial document, usually involves separate costs.

Which documents are required?

The father will normally need:

• official photo identification;
• a birth certificate;
• proof of citizenship; a non-Austrian citizen must provide a passport or other proof together with photo identification;
• proof of registration of residence (Meldezettel) or proof of a foreign residence. This can also be obtained from the Central Register of Residents (ZMR).

Before the birth, the mother’s documents and the mother-child record (Eltern-Kind-Pass) are also required. After the birth, the child’s birth certificate is required.

Documents that are not in German must be submitted in the original together with a certified translation completed in Austria. An Apostille may also be required in some cases.

Joint custody for unmarried parents

Custody covers the child’s care, upbringing, legal representation and management of the child’s property. For unmarried parents, custody initially belongs solely to the mother.

The parents can assume joint custody if:

1. the father has already recognised paternity;
2. a court has not already arranged custody;
3. both parents appear together and in person before the registrar;
4. both parents have received information about the legal consequences.

The joint-custody declaration can be made once. It can be completed at any Austrian registry office, regardless of the child’s place of birth.

What surname will the child have?

The surname is decided by the person or people who hold custody: by the mother when she has sole custody, and by both parents together when they have joint custody.

The parents can choose one parent’s surname. If a surname has several parts, one part may also be selected. Alternatively, they can choose a double surname formed from both names, with a maximum of two parts separated by a hyphen.

The child can receive the father’s surname only after paternity has been validly recognised. If nobody makes a decision, the child uses the mother’s surname.

For example, if the mother is Daniela Schneider-Huber and her surname is chosen, the child may be called Schneider-Huber, Schneider or Huber.

Frequently asked questions

What if the father refuses to recognise the child?

The district court can be asked to determine paternity on behalf of the child, generally by the mother or by child welfare services. DNA or blood tests may be used as evidence. There is no deadline for the court procedure.

Does a court determination of paternity cost money?

There is no court fee, but an expert opinion, such as a paternity test, involves costs. Procedural legal aid (Verfahrenshilfe) can be requested for this.

Can the mother challenge the recognition?

Yes. The mother and the child can challenge the recognition in court within two years of learning about it. For the child, this period does not run while the child is a minor.

What if the mother is married to someone else?

In that situation, a qualified recognition is required. The mother must name the recognising man as the father, and her husband must consent.

Practical steps

1. Decide whether paternity should be recognised before or after the birth.
2. Collect the required identification, birth, citizenship and residence documents.
3. Arrange certified translations in Austria for documents that are not in German, and check whether an Apostille is required.
4. Contact a Standesamt, Kinder- und Jugendhilfeträger, Bezirksgericht or Notar and arrange the father’s personal appearance.
5. After paternity has been recognised, decide whether to make a joint-custody declaration.
6. If joint custody is desired, both parents should appear together in person at any Austrian registry office.
7. Choose the child’s surname in accordance with the custody arrangement.
8. If recognition is disputed or the father refuses to recognise paternity, contact the competent Bezirksgericht about court proceedings and possible Verfahrenshilfe.

This information is based on publicly available sources and does not constitute legal advice. For advice about an individual case, contact a lawyer or other qualified legal professional.

Source: oesterreich.gv.at