When a man refuses to acknowledge paternity, the court can establish it legally. This means that the man is officially recognized as the father of the child.
When is judicial establishment necessary?
A judicial procedure is necessary in situations such as:
- The alleged father does not acknowledge the child voluntarily
- The father passed away before acknowledgment took place
- The identity of the father is unknown and paternity must be determined
Who may file a request?
| Petitioner | Explanation |
|---|---|
| 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 acknowledgment |
Evidence: 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 investigation
- 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 retroactively
- A maintenance obligation arises, possibly retroactive
- The child gains inheritance rights
- Parental authority is not automatically granted and must be applied for separately
Statute of limitations
There is no time limit for requesting judicial establishment. Even adult children can arrange this, even if the father is deceased.
Can a man be compelled to take a DNA test?
The court has the authority to enforce a DNA test. If refused, the court may regard this as negative evidence and establish paternity based on other material.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.Is establishment possible with a deceased father?
Yes, paternity can also be established after death. DNA testing can be done via family members or preserved biological material.Questions about judicial establishment
How do I start a procedure in Zoetermeer?
Start by filing a petition via a lawyer with the District Court of The Hague, under which Zoetermeer falls. The lawyer assists in gathering evidence such as statements or documents. A DNA test may be ordered by the court. The procedure usually takes a few 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 Netherlands Legal Aid Board. Ask your lawyer for a cost estimate.
Is establishment possible if the father is deceased?
Yes, a child can also file a request after the father's death. Evidence is then often provided via DNA from family members or stored material. The court determines if the evidence is sufficient.
What if the alleged father refuses a DNA test?
If refused, the court may use this as evidence against him. Other indications, such as witness statements or correspondence, may then lead to establishment of paternity.
What obligations arise after establishment?
As the legal father, you are responsible for child support (possibly retroactive), the child gains inheritance rights, and you can apply for contact. Parental authority must however be arranged separately via the court.
Can an adult child still arrange this?
Yes, there is no statute of limitations. Adult children can file a request with the District Court of The Hague at any time.
For more information or assistance, you can contact the Juridisch Loket Zoetermeer.