Illegitimate Births in Germany in the 19th century

[aylene]

I have been searching for my husband's family in Germany and think I  may have found his ggg grandmother. On the batptism record only her name appears and I cannot find a father's name. The child has her surname - Auer. A year later she married but her son, Michael Auer, used her surname all his life. Can I presume that he was illegitimate and that the man she married a year later, and had 8 children with, was not his father?
Thanks!
Aylene

Michael Auer born in Gutenberg in 1830
Mother Margarethe Auer born in Gutenberg in 1803 died 1842
Stepfather Andreas Schopf married Margarethe Auer in 1832 in Gutenberg
Andreas Schopf born in Gutenberg in 1839 to Andreas and Margarethe was godfather to Michael Auer's daughter Charlotte in London in 1872

[giselap]

Can I presume that he was illegitimate and that the man she married a year later, and had 8 children with, was not his father?

Definitely YES - Michael AUER probably grew up in his mother's new family and most likely was not adopted by his stepfather in order to exclude him from any right to the SCHOPF-heritage.
 
The exact regulations of this (e.g. how long his stepfather was supposed to provide for him and what kind of education/apprenticeship Michael could expect) should be found in his mother's/stepfather's marriage-contract.
Marriage-contracts are to be found in the so-called *Amtshandlungsbüchern* (books of official actions). These books are normally kept at the respective national archives (Staatsarchive), copies at local museum archives, historic societies etc.

Rgds from Hamburg,
Gisela

[aylene]

Thanks so much for the reply! Is there any way of seeing this marriage contract without actually going to Stuttgart? i have now researched his half brother and his life in London. Unfortunately there don't seem to be any heirs, despite the fact that Andreas had 5 children and died at a good age in London. We just came back from Germany so not much chance of going back there for a while. Do you know of any research companies who might be able to work on this for us?
It has taken me four years to find out where Michael Auer came from in Germany and now we are very excited to find out the rest.
Best wishes
Aylene