Establishing/Declaration of paternity

Every child must be reported to the municipality within 3 days after birth. If the mother is married or has a registered partnership, the mother’s partner is automatically regarded as the father (or as the co-mother if it concerns two women). But if there is no marriage or registered partnership, it is not immediately clear under the law who the other parent is.

A father needs permission from the mother to be registered as a father at the municipality. This registration is called ‘erkenning’. If the mother does not want to give this consent, the father can, with the help of a lawyer, ask the court for alternative consent.

If it is the father who prefers not to be registered as a legal parent while the mother would like this, she can have paternity established judicially with the help of a lawyer.

It may also be the case that the person who acknowledged the child is not the biological father. Although it is not possible in all cases, such recognition can often be reversed with the help of a lawyer. The same applies if the partner who was automatically regarded as the legal parent due to the mother’s marriage or registered partnership is not the biological parent.