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
- Acknowledgment of the child
Who can file a request for denial?
| Petitioner | Time Limit |
|---|---|
| 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 via an attorney
- Prove that the legal father is not the biological father, often via a DNA test
- The judge assesses the petition and the evidence
- If approved, the paternity is removed from the registers
Additional conditions in case of acknowledgment
If the paternity arose through acknowledgment, it must be demonstrated that the acknowledger knew he was not the biological father, or that the acknowledgment took place under duress, fraud, or mistake.
Consequences of denial
- The legal bond with the father is severed retroactively
- The child loses inheritance claims on the father
- The maintenance obligation lapses
- The father's parental authority ends
- Any acquired nationality 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, bring a case to annul the acknowledgment by the legal father or to have his own paternity legally established.What if the child is an adult?
An adult child can also deny paternity. The 3-year period begins to run from the moment 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. However, the obligation for future payments lapses once the paternity is officially denied.Frequently asked questions about denial in Leiden
How can I determine if I can deny paternity?
You can deny paternity if you are the legal father (via marriage, partnership, or acknowledgment) but not biologically. This must be proven, for example with a DNA test, and within the statutory time limits: 1 year after discovery for the father, 1 year after birth for the mother, or 3 years for the child after discovery or from age 18.
What are the costs and duration of a denial procedure?
The costs usually range between €1,500 and €3,500, including attorney fees, court fees (approximately €300), and DNA test costs (approximately €500). The procedure typically takes 6 to 12 months, depending on the case and the court. An attorney is mandatory.
Can I get back paid child support?
No, previously paid child support is not reclaimed. However, the future obligation lapses after denial. It is advisable to suspend payments until the judge's ruling.
Does my child's surname change after denial?
No, the surname does not change automatically. The mother or the child (from age 16) can file a separate request with the civil registry for a name change, provided there is a valid reason such as emotional burden.
Can the biological father acknowledge the child later?
Yes, provided the mother and the child (from age 12) consent. If refused, the court may allow acknowledgment if it is in the child's best interest. This proceeds via a separate procedure.
What if my child is against denial?
Children from age 12 have a say. The judge prioritizes the child's best interest and may reject the request in case of opposition, especially if there is a strong bond with the father. Consultation with an attorney is recommended.
Relevant institutions in Leiden:
- District Court of The Hague, Leiden Location
- Legal Aid Office Leiden, Stationsweg 46