When a man does not acknowledge paternity voluntarily, the court can establish it legally. This means that the man is officially designated 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 father passed away before acknowledgement took place
- The identity of the father is unknown and paternity must be confirmed
Who may file a request?
| Petitioner | 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 |
Evidence: DNA test
A DNA test often forms the most important evidence. The court may order this test. If the alleged father refuses, the judge may draw adverse inferences from this.
Steps in the procedure
- Filing a petition with the assistance of a lawyer
- Possibly an order for DNA testing by the judge
- Establishment of paternity if sufficient evidence
- Retroactive effect of paternity to the birth
What are the consequences?
- The man becomes the legal father, also retroactively
- A maintenance obligation arises, possibly with retroactive effect
- 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 filing a request for judicial establishment. Even adult children can apply, even after the father's death.
Can a man be compelled to take a DNA test?
The judge has the authority to enforce a DNA test. Refusal can be used against the man, and the judge may establish paternity based on other evidence.Does the father automatically get parental authority after establishment?
No, legal paternity does not automatically mean parental authority. A separate request must be filed with the court for this. However, the father can apply for contact rights.Can paternity be established after the father's death?
Yes, paternity can also be established after death. DNA testing can be carried out via family members or preserved biological material.Frequently asked questions about paternity in Leiden
How do I start a procedure for paternity establishment?
Start with a petition via a lawyer at the District Court of The Hague, Leiden location. The lawyer assists in gathering evidence, such as witness statements or documents. A DNA test may be ordered by the judge. The procedure usually takes several months.
What are the costs of this procedure?
The 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 Juridisch Loket Leiden (Stationsweg 46). Always ask your lawyer for a cost estimate.
Can paternity be established after death?
Yes, a child can also file a request after the alleged father's death. Evidence is gathered via DNA from family members or preserved material. The judge determines if this is sufficient, often with regard to inheritance issues.
What if the alleged father does not cooperate with a DNA test?
The judge can order a test. Refusal can be used as evidence against the man, and paternity can be established based on other indications, such as statements or documents.
What obligations arise after establishment?
As a legal father, you are responsible for the child from birth. This includes child support, inheritance rights for the child and contact rights. Parental authority must however be applied for separately, as well as any name change for the child.
Can an adult child still have paternity established?
Yes, there is no statute of limitations. Adult children can file a request at any time, regardless of whether the father is still alive.