Denial of paternity is a legal step to terminate the legal 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 the child's birth
- A registered partnership with the mother
- Recognition of the child by the father
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 age 18 |
Steps in the procedure
- File a petition with the court via a lawyer
- Provide proof that the legal father is not the biological father, often via a DNA test
- The judge decides on the petition
- If approved, the paternity is removed from the registers
Specific rules in case of recognition
If the paternity has been established via recognition, it must be demonstrated that the recognizer knew that he was not the biological father or that the recognition took place under duress, fraud or mistake.
Consequences of denial
- The legal bond with the father is broken retroactively
- The child loses inheritance claims on the father
- The father's maintenance obligation lapses
- Parental authority lapses
- Any acquired nationality may be revoked
Can a biological father challenge paternity?
A biological father who has not recognised the child cannot initiate a denial procedure. However, he can challenge the recognition 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.What happens to already paid child support?
Paid child support is not reclaimed after denial. However, the future obligation to pay child support lapses as soon as the denial is official.Frequently asked questions about denial in Zoetermeer
How can I determine if I can deny paternity?
You can deny paternity if you are the legal father (via marriage, partnership or recognition) but not biologically. This must be proven, for example with a DNA test. Take into account the time limits: 1 year for the father after discovery, 1 year for the mother after birth, and 3 years for the child after discovery or from age 18.
What are the costs and duration of the procedure?
The costs are generally between €1,500 and €3,500, including lawyer fees, court fees (approximately €300) and a DNA test (around €500). The procedure usually takes 6 to 12 months, depending on the situation and the court. A lawyer is mandatory in Zoetermeer and supports the process.
Can I get back paid child support?
No, previously paid child support is not refunded. However, the future obligation stops after a successful denial. It may be wise to temporarily pause payments pending the ruling.
Does my child's surname change?
The surname does not change automatically after denial. A separate application at the civil registry in Zoetermeer is possible, often with a valid reason such as emotional impact or confusion.
Can the biological father apply for recognition after denial?
Yes, provided the mother and the child (from age 12) agree. If refused, the judge may still grant permission in the child's best interest via a separate procedure.
What if my child does not want the denial?
Children from age 12 have a say. The judge in The Hague (district for Zoetermeer) weighs the child's best interest heavily. If the child objects, the petition may be rejected, especially if there is a strong emotional bond.
Relevant authorities in Zoetermeer:
- Court: District Court of The Hague (district)
- Support: Juridisch Loket Zoetermeer