Denial of paternity by mother

As a mother, you can deny that your deceased husband is the father of the child. To do this, you must make a statement at the municipality. You can do this if these two points apply:

  • Your husband died within 306 days before the birth of the child.
  • You were living apart from your husband from the 306th day before the birth, or you were legally separated from that day onwards.

In other situations, you may also sometimes deny paternity. You must then submit a request to the court. 

What to do?

You make the statement at the municipality. You can do this up to one year after the birth of the child.

Please note! Were you already remarried when your child was born? Then, through this statement, your new husband legally becomes the father of the child. 

What do I need?

  • your valid identity document
  • extract of the child's birth certificate
  • extract of the father's death certificate

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