In Germany, eligibility for a childcare spot depends on the child’s age. Starting on the child’s first birthday, there is a right to childcare; starting on the third birthday, there is a right to a spot in a daycare center.
Under 1 Year
For children under one year of age, there is no general legal right to a spot in a daycare center or in family daycare. A right exists only in certain cases—for example, if childcare is necessary for the child’s development or if both parents are working, pursuing vocational training, or looking for work.
From 1 to 3 years old
Starting on their first birthday, a child is entitled to childcare. This can take place either in a daycare center or in home-based childcare with a childminder. The entitlement exists regardless of whether the parents are working.
From age 3 until school entry
Starting on the child’s third birthday, there is a right to a spot in a daycare facility, typically a daycare center or kindergarten. Legally, this right does not depend on whether the parents work. In practice, however, the parents’ employment status may play a role in the allocation of spots—for example, in determining who needs a spot more urgently or in the scope of care provided.
The most important difference
For children between 1 and 3 years of age, the municipality can fulfill this entitlement through either a daycare center spot or through in-home child care. From age 3 onward, the entitlement is more specific because it explicitly refers to a spot in a daycare facility.
When a rejection is not enough
A response such as “There are no available spots” is not sufficient. If a legal entitlement exists, the responsible authority must, in principle, offer a childcare option. However, this does not mean that parents are entitled to a specific facility.
Registration for a Daycare Spot
The registration process varies by state and municipality. According to the federal government’s family portal, only some municipalities have centralized registration systems. In cities, counties, and municipalities, the Youth Welfare Office is generally responsible for assigning a spot. In Tübingen, registration takes place through the Central Registration Office for Childcare (ZAK). In other cities such as Rottenburg and Mössingen, parents can also register their children online via central portals on the municipality’s website.
If no spot is offered
Parents should request a written response and keep all applications, notifications, and documents. If they do not receive a spot, they should contact the Youth Welfare Office or the responsible municipal authority. If necessary, the right to a childcare spot can also be enforced in court. An example: In April 2025, the Stuttgart Administrative Court ordered the district of Böblingen to provide a childcare spot in a kindergarten for a three-year-old. The parents did not want daycare for their child.
See:
https://www.gesetze-im-internet.de/sgb_8/__24.html
https://familienportal.de/familienportal/lebenslagen/ausbildung-beruf/kinderbetreuung
https://www.tuebingen.de/verwaltung/verfahren/anmeldung_kita
Information about the municipalities is available at: https://www.kreis-tuebingen.de/soziales/jugend/kindertagesbetreuung
Further information: https://www.rechtsanspruch-kita.de/wp-content/uploads/2025_04_04_VG_Stuttgart_VG_10_K_670_25.pdf
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