When a woman’s new partner recognizes her child at a very young age (the biological father has died before birth), what are the rights and obligations of the recognizing father towards the child and vice versa. Can an acknowledgment be undone in the event of a divorce and/or can the child’s surname be adjusted back to that of the mother? What are the rights and obligations of the recognizing father in this? Does the duration of the marriage or the duration of the child-recognizing father relationship play a role?
Answer
When a woman’s new partner recognizes her child, he and the child are deemed to have been father and child from birth. All rights (eg inheritance) and obligations (eg maintenance obligation) that apply to other (legal) fathers and their children, apply from the birth of the child.
The recognition is in principle irrevocable; after the acknowledgment, the acknowledger is and remains in principle the only father of the child. The length of the marriage, or divorce, never affect parentage.
In this case, the acknowledgment can only be undone if a defect in will can be proven, in other words it can be demonstrated that free will was impaired at the time of acknowledgment, eg because (physical) coercion was exercised.
If there is no “possession of state” (father and child have not behaved as father and child for too long), the child can later contest the recognition itself.
The family name is related to the descent and is therefore in principle just as immutable. A request may be made to the King requesting a change of name, but it is unlikely that such a request will be granted in this case.
Answered by
drs. Sven Eggermont
Person-and familyright
Prinsstraat 13 2000 Antwerp
http://www.uantwerpen.be
.