When a man does not acknowledge paternity of his own accord, the court can establish this legally. This means that the man is officially designated as the father of the child.
When is judicial establishment necessary?
A judicial procedure is necessary in situations such as:
- The alleged father refuses to acknowledge the child
- The father passed away before acknowledgement took place
- The identity of the father is unknown and paternity must be determined
Who can file a request?
| Applicant | Conditions |
|---|---|
| The mother | 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 |
Evidence via DNA test
The court may order a DNA test to prove paternity. If the alleged father does not cooperate, the court may interpret this to his disadvantage.
Steps in the procedure
- File a petition with the assistance of a lawyer
- The court may mandate a DNA test
- If there is sufficient evidence, the court establishes paternity
- Paternity applies retroactively from birth
What are the consequences?
- The man becomes the official father, also with retroactive effect
- A maintenance obligation arises, possibly retroactive
- The child acquires inheritance rights
- Parental authority is not automatically granted and must be applied for separately
Statute of limitations
There is no time limit for applying for 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. Refusal can work against the man, and the court may decide based on other evidence.Does the father automatically receive parental authority after establishment?
No, legal paternity does not grant automatic parental authority. A separate request must be filed with the court, just like for contact rights.Can paternity be established after death?
Yes, even after the father's death, the child can have this established. DNA can be obtained via family members or stored material.Frequently asked questions
How do I start a procedure for paternity in Rijswijk?
Start with a petition via a lawyer at the District Court of The Hague, under which Rijswijk falls. The lawyer assists in gathering evidence, such as documents or witness statements. A DNA test may be ordered by the court. Expect a duration of 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 subsidized legal aid via the Netherlands Council for Legal Aid. The losing party may have to pay the procedural costs, but this is not certain.
Is establishment possible if the father has already passed away?
Yes, a child can also file a request after death. Evidence can be provided via DNA from relatives or preserved material. Inheritance law often plays an important role in these cases.
What if the father refuses a DNA test?
The court may order a test. Refusal can be used as evidence against him. Other indications, such as statements or photos, may then be decisive.
What obligations arise after establishment?
As the legal father, you are responsible for maintenance (child support), the child has inheritance rights, and you can apply for contact. Parental authority must however be arranged separately via the court.
Can an adult child still have paternity established?
Yes, there is no time limit. Adults can also arrange this after many years, even with a deceased father.
Contact and assistance in Rijswijk:
For advice, you can go to the Juridisch Loket Rijswijk. The procedure runs via the District Court of The Hague, the district under which Rijswijk falls.