Conscription by 2026: Your rights regarding military registration, conscription and conscientious objection
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What young men born in 2008 or later and their parents should know about the legal situation now
The new Military Service Act has been in effect since January 1, 2026. Military service itself is currently voluntary, but the questionnaire for military registration is already mandatory, and the medical examination will be mandatory from July 1, 2027. Rogert & Ulbrich will review your situation and show you what legal options are available to you: from conscientious objection to deferment and appeal.
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3New military service from 2026: What currently applies
Conscription was not abolished in 2011, but only suspended. It remains enshrined in Article 12a of the Basic Law. With the Military Service Modernization Act (WDModG), the legislature reintroduced military registration and conscription. The aim is to obtain an accurate picture of who would be available in an emergency.
For you, this means specifically:
- Questionnaire: Since January 2026, all 18-year-olds have received a letter from the German Armed Forces containing a declaration of readiness for service. Responding is mandatory for men and voluntary for women.
- Consequences of not responding: Men who fail to complete the questionnaire are committing an administrative offense and may face a fine.
- Sample: From July 1, 2027, men born in 2008 or later will be subject to mandatory medical examinations. These examinations determine fitness for service; they do not constitute a conscription notice.
- Voluntary military service: It lasts at least six months. No one is currently being drafted against their will.
- Conscription on demand: If the number of volunteers is insufficient or the security situation worsens, the Bundestag can decide on mandatory conscription by its own law (§ 2a WPflG).
Received a letter from the German Armed Forces? Have your information checked before you reply. What you enter now will be used in all subsequent proceedings.
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Conscientious objection to military service: Your fundamental right under Article 4 Paragraph 3 of the Basic Law
No one may be forced against their conscience to perform armed military service. This fundamental right applies regardless of the current legal situation and also in times of tension or defense. The procedure is governed by the Conscientious Objection Act (KDVG).
You submit your application in writing to the Federal Office for Personnel Management of the German Armed Forces. The Federal Office for Family Affairs and Civil Society (BAFzA) will decide on it. You can submit your application as a precautionary measure up to six months before your 18th birthday. Among other things, you will need the following documents for your application:
- Cover letter: An explicit invocation of the fundamental right under Article 4 Paragraph 3 Sentence 1 of the Basic Law with your signature.
- CV: A complete tabular resume.
- Personal reason: A detailed explanation of how your conscientious decision came about and why it is binding for you.
The decisive factor is the justification. It must be personal, comprehensible, and internally consistent. Political slogans, template texts from the internet, or obviously generated formulations often lead to rejection. An important point: Even those who wish to refuse military service must appear for their medical examination. For those born before January 1, 2010, the law has included special regulations since 2026, according to which a decision on the application can be made even without a prior medical examination.
Your justification determines the outcome. Have it reviewed before submitting your application.
Deferment, exemptions from military service and fitness for duty
Besides conscientious objection, the Conscription Act recognizes other grounds for exemption from or postponement of military service. The appropriate course of action always depends on the individual case. Often, several options can be combined.
- Deferral (§ 12 WPflG): If conscription would interrupt ongoing vocational training or studies, or cause particular personal hardship, a deferment may be considered. In the case of vocational training, this can apply as soon as a binding training commitment is received.
- Exemptions from military service (§§ 9 to 13b WPflG): The law contains grounds for exclusion and exemption that can prevent a case from being brought before it is filed. These should be examined and documented early on.
- Indispensable status (§ 13 WPflG): In times of tension and defense, conscripts can be deemed indispensable in the public interest if they cannot be dispensed with in their duties.
- Suitability: During the medical examination, it will be determined whether you are fit for military service, temporarily unfit for military service, or unfit for military service. Existing medical conditions will only be considered if they are fully documented by a doctor.
Anyone with grounds for deferment or exemption should not wait until they receive a conscription notice to assert them. Secure your documents now.
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Typical errors in questionnaires, conscription examinations, and conscientious objector applications
Many cases fail not because of legal issues, but because of avoidable errors. The conscientious objection procedure is free of charge and generally possible without a lawyer. Precisely for this reason, many affected individuals underestimate how thoroughly the authorities investigate.
- Contradictory information: Anyone who indicates a strong willingness to serve in the questionnaire and later claims a conflict of conscience must be able to explain this change. All information provided should be consistent.
- Standard justification: Templates and AI-generated texts stand out. The justification must clearly describe your own development.
- Incomplete findings: A diagnosis without current medical records is often not taken into account during the conscription process.
- Ignoring obligations: Those who simply ignore questionnaires or conscription tests risk fines and official enforcement measures without gaining anything.
- Acting too late: In times of tension or defense, conditions become significantly more difficult. Those who only react then have less room to maneuver.
Don't fill out the questionnaire on a whim. A brief legal review beforehand will prevent inconsistencies that are difficult to resolve later.
Conscription, state of tension and stays abroad
As long as military service remains voluntary, no one will be conscripted. This could change. If the Bundestag decides on mandatory military service based on need, those who have passed their medical examination and are deemed fit for service can be called up by means of a conscription notice (§ 21 WPflG). They can object to this and file a lawsuit with the administrative court.
A pending conscientious objector application generally protects against conscription into military service during peacetime. However, this protection is limited in times of tension or national defense: an applicant can be called up even before a decision is reached on their application for civilian service, and deferments can become invalid. Those who are prepared before the situation changes have significantly more options.
Section 3, paragraph 2 of the German Military Service Act (WPflG) caused a stir in the spring of 2026. According to this section, men aged 17 and older require permission from the Bundeswehr Career Center if they wish to leave Germany for more than three months. The Federal Ministry of Defense created an exception via an administrative regulation: As long as military service is voluntary, you currently do not need to obtain permission for stays abroad. However, this exception could be revoked.
Are you planning to study abroad, be seconded abroad, or move abroad? Clarify in advance what obligations you might face in an emergency.
Here's how to proceed now.
The sooner you clarify your situation, the more options remain open. These steps have proven effective in practice:
- Secure your mail: Please keep the cover letter from the German Armed Forces, your questionnaire and all official notices in their entirety.
- Please confirm details: Answer the questionnaire truthfully, but thoughtfully and in line with your future plans.
- Collect documents: Training contracts, enrollment certificates and medical reports should be filed early on.
- Determine the route: Determine whether conscientious objection, deferment, an exemption, or a combination thereof is an option for you.
- Keep an eye on deadlines: Short appeal periods apply to adverse decisions. A missed appeal deadline usually cannot be remedied.
Parents whose children are about to turn 18 are often the first to seek information. You can also contact us. However, the application itself must be submitted and justified in person by the individual concerned.
You don't know which path suits your situation? In a non-binding initial consultation Let's sort this out together.
FAQs – Frequently Asked Questions about Conscription in 2026
Rogert & Ulbrich – Your lawyers in military law
Rogert & Ulbrich has represented consumers against large companies and government agencies for many years. The law firm is led by Dr. Marco Rogert Tobias Ulbrich has handled more than 40,000 cases and filed over 25,000 lawsuits. This experience in consumer protection and we are also incorporating the handling of mass proceedings into military law.
We review your questionnaire and documents, develop a suitable strategy with you, and support you in justifying your conscientious objection application. We request deferrals, file appeals against adverse decisions, and represent you before the administrative court. You have access to all documents related to your case at any time.
Have you received a questionnaire from the German Armed Forces, is a medical examination coming up, or is your child turning 18 soon? Take contact and secure your claims.
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