A father is not automatically registered as the legal father at the time of his child’s birth. This only the case by operation of law if the father and mother are married or in a registered partnership at the time that the child is born. In all other situations, the father has to declare his paternity in the Register of Births, Deaths and Marriages for the family relationship to be recognised under the law. Legal paternity has important consequences for not only the father and the child but also for the mother, affecting aspects such as maintenance obligations, the child’s surname and nationality, as well as inheritance issues and each parent’s right to care for the child. Fathers can declare their paternity before the birth, but also afterwards. In both cases, the mother has to give her consent. If the mother does not give her consent, the father can apply to the court to give proxy consent for such a declaration. Legal paternity can also be established by the court through a judicial finding of paternity. This might be done in situations where the father has died and therefore can no longer acknowledge the child, but also in cases where the father refuses to do so. The law also provides for the court to annul legal paternity at the child’s, father’s and/or mother’s request in instances where the man did not actually father the child.

Our staff can inform fathers, mothers and children about such paternity suits and the consequences, and provide legal representation in paternity proceedings.