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Legal entitlement to a childcare place: what is your child entitled to?

In Germany, your child generally has a statutory entitlement to childcare from their first birthday. Until their third birthday, this care may be provided at a childcare centre or by a childminder. From the age of three until they start school, they are entitled to a kindergarten place.

The basic entitlement also applies if you do not work or are on parental leave. Here you can find out which childcare hours are covered and whether an offered place is suitable.

When is your child entitled to a childcare place?

Children aged one and two: Your child is entitled to care in a childcare centre or through childminding, for example with a childminder. A suitable place with a childminder can provide the childcare your child is legally entitled to. In principle, a place specifically in a childcare centre is not guaranteed for this age group.

From age three until your child starts school: Your child has a legal entitlement to a kindergarten place. Childminding may be an option where there is a particular need or as additional care. It does not replace the childcare-centre place to which your child is entitled.

This is your child’s right. As a parent with parental responsibility, you act on your child’s behalf to claim it. The legal basis is Section 24 SGB VIII (German).

How many hours of childcare is your child entitled to?

Under the age of three: The number of hours of childcare per day depends on individual needs. Your child's needs and your family situation are relevant. Work, training and the associated travel times may play a role. The hours of care must be compatible with your child’s well-being.

The childcare hours your child is entitled to therefore depend on their specific situation. Tell the responsible authority which days of the week and which times you need childcare.

Example: you need childcare until 16:00 because you cannot reach the childcare centre any earlier after work. An offer until 14:00 does not fully cover this need.

Check the hours offered on each day, including any breaks such as lunchtime. Extra hours on one day do not automatically make up for too few hours on another.

From the age of three: The number of childcare hours covered depends on the applicable rules and how the courts interpret them. The law of your federal state is particularly important. The entitlement under federal law alone does not automatically establish an entitlement to a full-day place. In most federal states, the entitlement is to five, six or seven hours of childcare a day, depending on the state.

Where and when do you tell the authority that you need childcare?

Tell the responsible youth welfare office (Jugendamt), or the registration office it has designated, that you need a childcare place. Include the start date and hours you need. Registration often takes place through your city, municipality or a parent portal. Ask how to make sure the responsible authority records your childcare needs.

Provide:

  • your child's name and date of birth;
  • your home address and the date you would like childcare to start;
  • the days of the week and times you need;
  • any particular circumstances that are important for the childcare.

Tell the authority about your childcare needs early. The registration deadline depends on the law of your federal state. Ask about the rules that apply where you live.

Keep your registration, acknowledgements of receipt and replies.

How far away can the childcare centre be, and when is an offer suitable?

There is no fixed nationwide limit in kilometres or minutes. What matters is whether the offered place can reasonably be reached in your specific situation. Your home, workplace, available means of transport and actual travel times may be relevant. As a general rule, a journey time of up to around 30 minutes is considered reasonable. In North Rhine-Westphalia, courts often apply a distance limit of five kilometres in urban areas.

You may express a preference for a particular childcare centre. However, the legal entitlement does not guarantee a place at your preferred childcare centre. If an offer seems unsuitable to you, record the specific reasons. Before turning down the place, get legal advice about the consequences. We strongly advise parents against refusing an offered place without first having it reviewed by a lawyer!

No suitable childcare place: what can you do now?

Have you told the authority that you need childcare but not yet received a suitable offer? A lack of capacity does not remove the statutory entitlement. The right next step depends on the reply you have received and when childcare is due to start.

Would you like to take action yourself first? On the page No childcare place: what you can do now you will find next steps and template emails.

Would you like to find out about help through the courts? The page Taking legal action for a childcare place explains the service and how to make a free enquiry.

Have you incurred additional childcare costs or lost earnings? On the page Compensation when no childcare place is available you can find out whether you may be entitled to compensation.

Frequently asked questions

Is my child still entitled to childcare if I do not work or am on parental leave?

Yes. From the first birthday, the basic entitlement does not require the parents to be working. Parental leave does not exclude it either.

I need a place. Do I have to wait until the start of the next childcare year?

No. Your child does not have to wait until the start of a new childcare year to become entitled to a place. Your child's age, the needs you have communicated and the applicable registration rules are particularly relevant. Allocating places only on specified admission dates is not legally permissible.

Does the legal entitlement mean that childcare is free?

No. The entitlement to a place and fees paid by parents are separate issues. Whether fees are payable depends on the law of your federal state and local rules. If the fees are unreasonable for the parents and child, they will be waived or covered on application. The youth welfare office can advise you on this.

Legal basis and sources