Denial of paternity is a legal step to terminate the official bond 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:
- Marriage to the mother at the time of birth
- A registered partnership with the mother
- Voluntary acknowledgment of the child
Who may apply for denial?
| Applicant | 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 years |
Steps in the procedure
- File a petition with the court via an attorney
- Prove that the legal father is not the biological father, for example, with a DNA test
- The judge assesses the application
- If approved, the paternity is removed from the registers
Additional requirements in case of acknowledgment
If the paternity is based on 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 is severed retroactively
- The child loses inheritance claims on the father
- The maintenance obligation lapses
- Parental authority over the child 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. However, he can challenge the acknowledgment by the legal father or file a petition for establishment of his own paternity via the court.What if the child is an adult?
An adult child can also deny paternity. The 3-year period starts from the moment the child discovers that the legal father is not the biological father.Does denial affect previously paid child support?
No, child support that has already been paid is not reclaimed. However, the obligation for future payments lapses once the paternity has been officially denied.Frequently asked questions about denial in Utrecht
How can I determine if I can deny paternity?
You can deny paternity if you are the legal father (through marriage, partnership, or acknowledgment) but not biologically. This must be proven, for example, via a DNA test, within the specified time limits: 1 year for the father after discovery, 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 a DNA test (around €500). The procedure typically takes 6 to 12 months, depending on the case and the court. An attorney is required to file the petition.
Can I recover paid child support after denial?
No, previously paid child support is not reclaimed. However, the future payment obligation stops after official denial. It may be advisable to temporarily suspend payments pending the ruling.
Does my child's surname change after denial?
The surname does not change automatically. After denial, the mother or the child (from age 16) can file a separate petition with the civil registry for a name change, provided there is a valid reason, such as emotional burden.
Can a biological father apply for acknowledgment after denial?
Yes, provided the mother and the child (from age 12) consent. If refused, the court may still allow acknowledgment if it is in the child's best interest. This proceeds via a separate procedure at the court or civil registry.
What if my child opposes the denial?
Children from age 12 have a say. The judge prioritizes the child's best interest and may reject the petition in case of opposition, especially with a strong emotional bond. Consultation with an attorney is recommended.
Relevant locations in Utrecht:
- Rechtbank Midden-Nederland: Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht: Catharijnesingel 55, Utrecht