Judicial determination of paternity is the procedure in which the district court establishes who the legal father of a child is, where the biological father has not acknowledged the child. The decision takes effect retroactively to the date of birth.
Legal basis
Article 1:207 of the Dutch Civil Code contains the regime. The application may be made by the mother and by the child; the mother must do so within five years of the birth or, where the father was unknown, within five years of the day she learned his identity. No time limit applies to the child. Determination is possible against the biological father and against a man who, as the mother’s life partner, consented to an act that may have resulted in conception. It is excluded where the child already has two legal parents. The retroactive effect in paragraph 5 does not affect rights acquired in good faith by third parties. Evidence is almost always DNA testing; if the man refuses to cooperate, the court may draw such conclusions as it sees fit.
How it works in practice
Proceedings are brought by petition with mandatory legal representation. The court frequently appoints a special representative for the child. Once granted, all consequences of parenthood follow: the maintenance duty, with retroactive effect, inheritance rights and, if desired, a change of surname. Authority does not arise automatically; that requires a separate decision.
Where it goes wrong
Mothers let the five-year period lapse in the hope that the father will acknowledge the child voluntarily. A second error is treating the wrong man as life partner in donor situations, where the law sets strict requirements. Third, the retroactive maintenance duty is underestimated and can amount to a substantial claim.
Related terms
Determination sits alongside the acknowledgement of a child and feeds into child maintenance and parental authority.
Would you like paternity determined? Our family law specialists assess the deadline and the evidence.
