Child acknowledgment
What is acknowledgment?
If the parents are not married or in a registered partnership, the father or both mothers can recognize the child. This is a formal act that establishes a family relationship between the parents and the child. This legal step is an important part of the law of descent.
Consequences of acknowledgment
Acknowledgment of a child has several legal consequences:
- The recognizing parent becomes jointly financially responsible for the child.
- A legal right of inheritance is established between the child and the parent.
- The parent is granted visitation rights.
- The acknowledging parent automatically receives parental authority over the child.
Recognition before and after birth
Parents may choose to recognize the child before birth. This is done through the municipality and has the advantage that the child has two legal parents from birth. The child can also be recognized after birth, but this requires the parents to be present in person.
Substitute consent to recognition
If the mother refuses to give consent to recognition, the father can apply to the court for substitute consent. In this case, the court must establish that the father is the child's biological father, often through DNA testing. The court then weighs the interests of the father, the mother and the child - a balancing act in family law.
Judicial determination of paternity
If a father refuses to acknowledge the child, the mother or the child can have paternity determined by the court. This creates a family law relationship, even if the father is deceased, and allows the child to become an heir. This is an important procedure in the law of descent.
Need help with acknowledgement or descent?
Our family law attorneys in The Hague are ready to advise you on matters relating to descent and recognition. We can help you make the right decisions for your children's future. Feel free to contact one of our family law attorneys.
