Acknowledging a child can be a special event, but sometimes there is a complicated story behind it. In this article, we discuss why and when you can acknowledge a child and how, in exceptional situations, the acknowledgment can be annulled.
Why acknowledge your child?
If you have a child while you are not married or do not have a registered partnership, you are not automatically the legal parent. By acknowledging your child, a family law relationship is established between you and the child. This entails important rights and obligations, such as the right to make decisions about upbringing and the obligation to support your child. As of January 1, 2023, acknowledgment automatically grants joint parental authority.
With acknowledgment, an official deed is drawn up at the civil registry. This process is free of charge, unless you want a copy of the deed, for which a small fee applies depending on the municipality.
Advantages of acknowledgment:
- Legal bond with the child
- Legal heirs of each other
- Joint parental authority
- Right to choose the surname (until the child is 16 years old)
- Obligation to support the child until age 21
When to acknowledge your child?
You can acknowledge your child at various stages of the child's life. Several conditions apply: you must be 16 years or older, you must be able to marry the mother (no blood relation), and there must not already be two legal representatives. Depending on the age of the child, you must also obtain permission from the mother and sometimes from the child as well.
Acknowledgment before birth: This is called acknowledgment of the unborn child and can be done free of charge in the municipality where you live. Permission from the mother is required.
Acknowledgment at birth registration: Within three days after birth, the birth must be registered in the municipality where the child was born. You can arrange the acknowledgment at the same time as the registration.
Acknowledgment at a later time: If you wish to acknowledge the child later, this is also possible, depending on the age of the child and with the appropriate permission from the mother and/or the child.
Annulment of acknowledgment
It happens that an acknowledgment must be undone at a later stage, for example when it turns out that the acknowledger is not the biological parent or when the acknowledgment took place under duress. A procedure for annulment can be initiated by the mother, the acknowledger, or the child themselves.
The acknowledgment can be annulled if:
- The acknowledger is not the biological parent.
- The mother was not honest about the biological father.
- The acknowledgment took place under duress.
The procedure for annulment of acknowledgment
The process for annulling the acknowledgment consists of several steps:
Filing a request: A lawyer files a petition on your behalf at the court to have the acknowledgment annulled. Court fees are associated with this.
Informing interested parties: The court determines who the interested parties are and informs them about the request.
Investigation and possible DNA test: If there is doubt about paternity, the court can order a DNA test to confirm or exclude the biological relationship.
Hearing: The judge assesses the request during a hearing, unless all conditions are clear and there are no further questions.
Ruling: The judge issues a ruling and can grant or reject the request for annulment.
After the ruling, the decision is registered at the civil registry. If the acknowledgment is annulled, the legal situation reverts to the period before the acknowledgment.
Need help with acknowledgment or annulment?
Whether you want to acknowledge your child or start a procedure for annulment of acknowledgment, our family law lawyers at Arslan Advocaten are ready for you. We offer expert advice and guide you through the legal process. Contact us today for a no-obligation consultation.