A father may voluntarily acknowledge that he is a child’s biological father. Voluntary acknowledgment is possible if there is no legal presumption of paternity or if the court has acknowledged that the mother’s husband is not the child’s father.
Joint application
Paternity is usually acknowledged through a joint application by both biological parents to the notary. The child’s consent to the acknowledgement is required if he or she is more than ten years old.
Challenge in court
Voluntary acknowledgement of paternity may be challenged in court, if there is doubt that the father who acknowledged his paternity is actually the child’s biological father.
example If a legally recognized father has mistakenly believed that he is the child’s biological father, his acknowledgement of paternity may be challenged in court.
Procedure and time-limits
Voluntary acknowledgement of paternity can be challenged in the court of general jurisdiction (civil court). The conditions and time limits for this claim are set out in the Civil Code. The claim can be brought by:
- the person who has acknowledged paternity within a one year period from the day that they found out about the circumstances that preclude paternity
- the child may challenge the presumption of paternity after reaching the age of majority and within a one year period from the day he/she reached the age of majority