(1) Paternity may not be acknowledged for the specific purpose of creating the legal prerequisites for permitted entry into the country or for the permitted residence of the child, the acknowledging party, or the mother, and also not in order to create the legal prerequisites for the permitted entry or for the permitted residence of the child by acquiring German citizenship for the child pursuant to section 4 subsection (1) or subsection (3) sentence 1 of the Nationality Act (Staatsangehörigkeitsgesetz) (wrongful acknowledgment of paternity).
(2) Where there are specific indications that paternity has been wrongfully acknowledged, the administrative authority recording acknowledgments or the registry clerk is to inform the administrative authority having competence pursuant to section 85a of the Act on the Residence, Economic Activity and Integration of Foreigners in the Federal Territory (Aufenthaltsgesetz) after having heard the party acknowledging paternity and the mother and is to suspend the recording of the acknowledgment. A sign of specific indications existing is in particular:
1. the fact that the person acknowledging paternity or the mother or the child are required to leave the country and this obligation is enforceable,
2. the fact that the person acknowledging paternity or the mother or the child has filed a request for asylum and is a citizen of a safe country of origin pursuant to section 29a of the Asylum Act (Asylgesetz),
3. the fact that any personal relationship between the person acknowledging paternity and the mother or the child is lacking,
4. the suspicion that the person acknowledging paternity has acknowledged paternity, in several instances, of children from different foreign mothers and in each case has created the legal prerequisites for the permitted entry or the permitted residence of the child or of the mother by so acknowledging paternity, also in those cases in which the child has acquired German citizenship by the acknowledgment, or
5. the suspicion that the person acknowledging paternity or the mother has been granted or promised a material benefit in return for acknowledging paternity or for approving the acknowledgment.
The administrative authority recording the acknowledgment or the registry clerk is to inform the person acknowledging paternity, the mother and the registry of the fact that the recording of the acknowledgment is being suspended. Where the administrative authority having competence pursuant to section 85a of the Act on the Residence, Economic Activity and Integration of Foreigners in the Federal Territory (Aufenthaltsgesetz) has determined pursuant to section 85a (1) of said Act that a wrongful acknowledgment of paternity exists and this decision is unappealable, the recording of the acknowledgment is to be refused.
(3) For as long as the recording of the acknowledgment is suspended in accordance with subsection (2) sentence 1, the acknowledgment may not effectively be recorded by some other administrative authority recording acknowledgments, nor may it be recorded by a registry clerk. The same applies if the prerequisites of subsection (2) sentence 4 are given.
(4) Subsections (1) to (3) apply accordingly to the approval of the mother pursuant to section 1595 (1).
(5) An acknowledgment of paternity cannot be wrongful if the person acknowledging paternity is the biological father of the child to be acknowledged.