Family law

Law on filiation (paternity law)

The law on filiation deals with the question of the biological and/or legal parentage of a child. This concerns the judicial recognition of paternity or denial of paternity.

Paternal Recognition

Did you have a child with your partner out of marriage or in a registered partnership? To be able to establish your paternity judicially, you would always have to recognise the child as your own. You will need the mother’s consent to be able to do so. In the absence of such consent, you may appeal to the court to apply for substitute consent of recognition. Recognition is also an option if you are not the biological parent of the child.

Judicial recognition of paternity

If you are not certain as to whether you are the child’s biological parent, or you would like to determine your (ex-)partner’s paternity, but he refuses to cooperate, you could appeal to the court for judicial determination of fatherhood. The consequence of this action is that the father will become a maintenance debtor with respect to the child and the child will also become the father’s heir.

Denial of Paternity

Another alternative is that a parent by marriage or registered partnership denies parenthood on the grounds that he is not the biological father of the child.

The family law specialists at SILK can offer you expert advice on all the myriad aspects of family law.