A father may voluntarily acknowledge that he is a child’s biological father. Voluntary acknowledgment is possible if there is no legal presumption of paternity or if the court has acknowledged that the mother’s husband is not the child’s father.
Joint application
Paternity is usually acknowledged through a joint application by both biological parents to the Civil Status Office.
Challenge in court
Voluntary acknowledgement of paternity may be challenged in court, if there is doubt that the father who acknowledged his paternity is actually the child’s biological father.
example If a legally recognized father has mistakenly believed that he is the child’s biological father, his acknowledgement of paternity may be challenged in court.
Procedure and time-limits
Voluntary acknowledgement of paternity can be challenged in a court of general jurisdiction (civil court). The conditions and time limits for this claim are set out in the Family Code. The claim can be brought by:
- the person who has acknowledged paternity, as well as the mother of the child, within one year period from the moment they found out or should have found out about the challenged paternity records
- the biological father of the child, within one year period from the moment they found out or should have found out about the challenged paternity records
- the child’s legal guardian, in the same time limits
- the child may challenge the presumption of paternity after reaching the age of majority and within one year period from the moment he/she found out or should have found out about the challenged paternity records
The person who voluntarily acknowledged his paternity may not challenge it if at the acknowledgement moment he knew not being the biological father of the child.