Fatherhood is not just a biological fact, it is a legal relationship with a child. Recognition of paternity gives the child the right to maintenance, inheritance and contact with the father, among other things. In this article, we explain how to recognise paternity, when to do so and how to establish parenthood in law. We will also look at how paternity can be revoked, i.e. how to renounce it.
What does it mean to acknowledge paternity?
Acknowledging paternity means that the man officially confirms that he is the father of the child. This is done before a public authority and creates a legal paternity with legal consequences.
After acknowledgement of parenthood, the father gets:
- The rights and obligations of fatherhood, such as maintenance and child support, are the right of access to your child.
- The opportunity to get custody of the child, if agreed or decided at a later date.
At the same time, the child gets:
- two legal parents
- succession law his father and his family
- the right to the father's surname (subject to parental agreement)
- the opportunity to establish a close relationship with their father
- the right to maintenance from the father if the child lives with the mother.
When does paternity not need to be separately acknowledged?
Paternity does not need to be acknowledged if the child is born during the marriage, in which case the husband is automatically the legal father of the child.
If the parents are not married, paternity must be acknowledged separately.
How is paternity acknowledged?
1. Recognition of paternity at the clinic
As of 2016, the recognition of paternity has been possible already during pregnancy. In this case, paternity is officially confirmed after the birth of the child.
Parental acknowledgement takes place at the clinic, and the clinic staff will guide you through the process: the father and mother sign the pre-natal parental acknowledgement document (VSAK-01), and the mother confirms that the man is the father of the child.
The form will be submitted to the Office for Digital and Population Information.
2. Recognition of parenthood after the birth of a child
If paternity has not been acknowledged during pregnancy, it can also be acknowledged later at the child welfare officer in the welfare area. In this case, the father will personally acknowledge paternity and the mother will have to accept the acknowledgement.
If everything goes smoothly, the supervisor will send the documents to the Office for Digital and Population Information.
Paternity can be formally confirmed if there is no obstacle to this. An obstacle could be, for example, that the man is not already the legal father of the child. It is also not possible to recognise paternity before the birth of the child if there is reason to suspect or know that there is more than one candidate for paternity.
3. Recognition of parenthood in a dispute
If paternity cannot or does not want to be established voluntarily, for example if the mother does not agree to a confession or there is a dispute about paternity, paternity can be established by a decision of the district court. Often the court will order a DNA test to establish biological paternity.
Is recognition of paternity compulsory?
Recognition of paternity is not automatically compulsory, but it is necessary in practice to establish the legal father of a child if the parents are not married.
What if paternity is not recognised?
If paternity is neither recognised nor confirmed, the child has no official father. Only the mother will be recorded in the civil register. The father of the child does not exist in the register or in the eyes of the law. The mother may become responsible for all maintenance and is solely responsible for the financial support of the child. Maintenance support may be paid by Kela, but it is lower than the official maintenance from the father.
If paternity is not acknowledged or confirmed, the child loses rights, as the child cannot receive from the father:
- Child support
- Legacy
- Nationality (if the father is of different nationality)
- Legal kinship with the father's family
- Information about your genetic background (e.g. hereditary diseases)
An action to establish paternity is a legal procedure in which the district court is asked to rule on the establishment of paternity if it has not been established by voluntary acknowledgement or otherwise. In the proceedings, the court determines and decides whether a particular man is the biological and legal father of the child. An action for confirmation of paternity is brought if the father refuses to acknowledge his paternity, even though the mother or the child considers him to be the father.
How does the revocation of paternity take place?
Challenging paternity in the district court and with a DNA test
If a man has acknowledged paternity, but later suspects that he is the father of the child, he can challenge paternity in the district court. You usually have one year from the date on which paternity was established to bring the action. In this situation, a DNA test is key evidence: if the paternity is found to be false, the court can annul the paternity.
Annulment of the paternity of a child born in wedlock
If the child was born out of wedlock, paternity can only be revoked in the following cases:
- A person other than the husband of the child's mother recognises the child as her own.
- The child's mother and husband accept the confession.
- The Children's Guardian will investigate the matter and send the documents to the National Board of Digital and Population Information.
- The Office for Digital and Population Information confirms the parenthood of the other person.
- In this case, the husband's paternity is annulled.
A married couple asks the children's guardian to establish paternity
The Children's Guardian can help establish paternity when the mother who has given birth and the husband together ask the Children's Guardian to establish the husband's paternity. This must be done before the child is six months old.
In this case, the child welfare officer will use a DNA test to establish parentage.
If the DNA test shows that the husband is not the father of the child, the mother who gave birth and the husband can jointly apply to have the husband's paternity revoked. The application must be submitted to the National Institute for Digital and Population Information before the child is one year old. However, paternity cannot be revoked if the mother has received fertility treatment.
Establishing paternity after years
Paternity can be established and confirmed at any time, even as an adult or after the death of the parents, if the child so wishes.
Where can I get help and more information on parenthood recognition?
- You can get help from a child health clinic to acknowledge paternity during pregnancy.
- The child welfare officer (municipal family services) will help you with the acknowledgement of paternity after the birth.
- The Digital and Vital Statistics Office (DVV) acts as the official paternity validator.
- A legal aid office or a lawyer can help with paternity disputes.
Summary
Recognition of paternity is an important legal act that gives the child protection and rights. Recognition of paternity can easily be done at a child welfare clinic before the birth of the child or at a child welfare officer later on. If there is any doubt, help is available from the authorities and, if necessary, through the courts.
If you are in a situation where paternity issues are relevant, please feel free to contact your local child welfare officer or lawyer.
At Amos Attorneys at Law, we have a lawyer specialising in child custody and access issues. Samvel Margarjan, tel. 044 359 2655.