Denial of paternity is a legal step to terminate the legal relationship between a father and child, for example if the legal father is not the biological parent.
When is denial of paternity possible?
Denial can take place if the legal father turns out not to be the biological father. This legal paternity can arise through:
- Marriage to the mother at the time of birth
- Registered partnership with the mother
- Voluntary acknowledgement of the child
Who may apply for denial?
| Applicant | Time Limit |
|---|---|
| The legal 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 itself | Within 3 years after discovery or from the age of 18 years |
Steps in the procedure
- Submit a request to the court via a lawyer
- Provide proof that the legal father is not the biological father, often via a DNA test
- The judge assesses the request and the circumstances
- If approved, the paternity is removed from the official registers
Additional conditions in case of acknowledgement
If the paternity arose through acknowledgement, it must be demonstrated that the acknowledger knew that he was not the biological father, or that the acknowledgement took place under duress, deception or mistake.
Consequences of denial
- The legal bond with the father is broken with retroactive effect
- The child loses inheritance claims on the father
- The father's maintenance obligation lapses
- The father's parental authority lapses
- Any nationality obtained through the father may be revoked
Can a biological father challenge paternity?
A biological father who has not acknowledged the child cannot initiate a denial procedure. However, he can challenge the acknowledgement by the legal father or submit a request for judicial establishment of his own paternity.What if the child is an adult?
An adult child can still deny paternity. The 3-year period begins to run as soon as the child discovers that the legal father is not the biological father.What happens to previously paid child support?
Paid child support is not reclaimed after denial. However, the future obligation to pay lapses once the denial is official.Questions about denial in Rijswijk
For legal advice, you can go to the Juridisch Loket Rijswijk. Procedures are generally handled by the Rechtbank Den Haag, under which Rijswijk falls.
Frequently asked questions
Can I deny paternity and how do I know if I qualify?
You can apply for denial if you are the legal father (via marriage, partnership or acknowledgement) but not the biological father. A DNA test is often required as proof. Take into account the time limits: 1 year for the father after discovery, 1 year after birth for the mother, and 3 years for the child after discovery or from 18 years.
What are the costs and duration of a denial procedure?
The costs are usually between €1,500 and €3,500, including lawyer fees, court fees (approximately €300) and a DNA test (approximately €500). The procedure takes on average 6 to 12 months, depending on the case and the court. A lawyer is mandatory.
Can I get back paid child support?
No, previously paid child support is not reclaimed. However, the future obligation stops after a successful denial. It may be wise to temporarily suspend payments pending the ruling.
Does my child's surname change after denial?
The surname does not change automatically. The mother or the child (from 16 years) can submit a separate request to the civil registry to change the name, provided there is a good reason, such as emotional burden.
Can the biological father acknowledge the child later?
Yes, provided the mother and the child (from 12 years) consent. If refused, the biological father can ask the court to allow acknowledgement in the interest of the child.
What if my child is against the denial?
Children from 12 years have a say. The judge weighs the child's best interests heavily and may reject the request in case of objection, especially if there is a strong emotional bond with the father.