The father is a citizen of an EU member state

If the father is citizen of an EU member state and acknowledges paternity, his citizenship will be conferred to the child as well. This, then, also allows the mother of the child to receive a residence permit for family members of EU citizens. In this case, the mother will primarily be subject to the European Freedom of Movement Act and and not the German Residence Act. Also, she will not be granted a German residence title, but will receive an EU residence permit card. EU legal regulations are less restrictive in this regard than German residence laws.

Difficulties may arise in this context if the father abandons the mother and the child and, for example, leaves Germany. In this case, the child will continue to be a citizen of an EU state, for example, of France. The child will then be allowed to reside in Germany, but would, strictly speaking, have to possess sufficient means of subsistence for itself and its mother. Court decisions vary on this issuewhich means that each case will be assessed on an individual basis.