When a man does not voluntarily acknowledge paternity, the court can establish it legally. This means that the man is officially recognised as the father of the child.
When is judicial establishment necessary?
This procedure is initiated in situations such as:
- The biological father refuses to acknowledge the child
- The alleged father died before acknowledgement
- The identity of the biological father is unknown and paternity must be confirmed
Who may file a request?
| Applicant | Conditions |
|---|---|
| Mother of the child | During the lifetime of the alleged father |
| The child itself | Also possible after the father's death |
| The alleged father | If the mother or child does not consent to acknowledgement |
Burden of proof: DNA test
The court may order a DNA test to prove paternity. If the alleged father refuses to cooperate, the court may interpret this to his disadvantage.
Steps in the procedure
- Filing a petition with the assistance of a lawyer
- The court may mandate DNA testing
- If there is sufficient evidence, the court establishes paternity
- The paternity applies retroactively from the birth
Consequences of establishment
- The man becomes the official father, with retroactive effect
- A maintenance obligation arises, also retroactively
- The child acquires inheritance rights
- Parental authority is not automatically granted (separate application required)
No statute of limitations
There is no time limit for requesting judicial establishment. Even adult children can arrange this, even if the father is deceased.
Is a DNA test mandatory for the alleged father?
The court may impose a test. If refused, this may be interpreted negatively, and paternity may be established on the basis of other evidence.Does the father automatically receive parental authority after establishment?
No, legal paternity does not automatically mean parental authority. A separate request must be filed with the court for this. Contact can nevertheless be requested.Is establishment possible after the father's death?
Yes, paternity can also be established after death. DNA testing can take place via family members or stored biological material.Frequently asked questions
How do I start a procedure for paternity in Westland?
Start with a petition via a lawyer at the District Court of The Hague. The lawyer assists in gathering evidence, such as statements or documents. A DNA test may be ordered by the court. The procedure usually takes several months.
What are the costs of this procedure?
Costs include court fees (€100-€300), lawyer fees (€1,500-€3,000) and possibly DNA test costs (€200-€600). If you have a low income, you can apply for subsidised legal aid via the Juridisch Loket Westland. Always request a cost estimate from your lawyer.
Is establishing paternity possible after death?
Yes, a child can also file a request after the alleged father's death. Proof is provided via DNA from family members or other material. Inheritance law often plays an important role.
What if the father refuses a DNA test?
The court may compel a test. If refused, this may work against him, and the court may establish paternity on the basis of other evidence, such as witness statements or documents.
What obligations arise after establishment?
As a legal father, you have a maintenance obligation (child support) from birth, the child acquires inheritance rights, and you can request contact. Parental authority requires a separate procedure at the court.
Can an adult child still file a request?
Yes, there is no time limit. Adult children can have paternity established at any time, even after the father's death.