The denial of paternity is a legal step to terminate the legal relationship between a father and child, for example if the legal father turns out not to be the biological father.
When is denial of paternity possible?
Denial can take place if the legal father is not the biological father. This may be the case due to:
- A marriage to the mother at the time of birth
- A registered partnership with the mother
- The acknowledgment of the child
Who may file a request for denial?
| Petitioner | Deadline |
|---|---|
| The father | Within 1 year after discovery that he is not the biological father |
| The mother | Within 1 year after the birth of the child |
| The child | Within 3 years after discovery or from the age of 18 |
Steps in the procedure
- File a petition with the court with the help of a lawyer
- Prove that the legal father is not the biological father, for example via a DNA test
- The judge assesses the case and issues a ruling
- If approved, the paternity is removed from the registers
Additional conditions in case of acknowledgment
If the paternity has arisen through acknowledgment, it must be demonstrated that the acknowledger knew that he was not the biological father, or that the acknowledgment took place under duress, fraud or mistake.
Consequences of denial
- The legal bond between father and child is broken retroactively
- The child no longer inherits from the father
- The maintenance obligation lapses
- Parental authority lapses
- Any nationality obtained may be revoked
Can a biological father challenge paternity?
A biological father who has not acknowledged the child cannot initiate a denial procedure. He can, however, try to challenge the acknowledgment by the legal father or have his own paternity legally established.What if the child is an adult?
An adult child can also deny paternity. The 3-year period starts running from the moment the child discovers that the legal father is not the biological father.What happens to previously paid maintenance?
Paid maintenance is generally not reclaimed. However, the obligation for future payments lapses as soon as the paternity is officially denied.Frequently asked questions about denial in Westland
How can I check if I can deny paternity?
You can file a request if you are the legal father (through marriage, partnership or acknowledgment) but not biologically. This must be proven, for example with a DNA test, and within the specified deadlines: 1 year for the father after discovery, 1 year for the mother after birth, or 3 years for the child after discovery or from age 18.
What are the costs and duration of this procedure?
The costs are usually between €1,500 and €3,500, including lawyer fees, court fees (approximately €300) and a DNA test (around €500). The procedure takes an average of 6 to 12 months, depending on the situation and the court. A lawyer is mandatory.
Can I get back paid maintenance?
No, previously paid maintenance is not reclaimed. However, the future obligation stops as soon as the paternity is denied. It is advisable to temporarily pause payments pending the ruling.
Does my child's surname change?
The surname does not change automatically. A separate request for a name change can be filed with the civil registry by the mother or the child (from age 16), often with a valid reason such as emotional impact.
Can the biological father acknowledge the child later?
Yes, provided the mother and the child (from age 12) consent. If refused, the court may still grant permission if it is in the child's best interest. This is a separate procedure.
What if my child does not want the denial?
Children from age 12 have a say. The judge prioritizes the child's best interest and may reject the request if there is a strong bond with the father or objection from the child.
Relevant authorities in Westland:
- Court: District Court of The Hague (district)
- Support: Juridisch Loket Westland