Recognition / Establishment of Paternity

Every child must be registered with the municipality within 3 days of 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.

The father needs permission from the mother to be registered as a father in the Registrar of Births, Deaths, Marriages and Registered Partnerships. This registration is called ‘recognition’. If the mother does not want to give her consent, the father, with the help of a lawyer, can ask the court for substitute consent.

If it’s the father who doesn’t want to be registered as a legal parent while the mother does want this, the mother can have the parental relationship established judicially with the help of a lawyer. This is called a paternity suit.

Sometimes, the person acknowledging a child is not the biological father. Although not possible in all cases, such recognition can often be undone with the help of a lawyer by contesting the paternity. 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. This legal parentage can be terminated.