Until a few years ago, a man was only in a family relationship with a child if the child was born within his own marriage. In the last twenty years, however, more and more couples have children while they are not married. The biological father of a child does not, by law, become the legal father of the child in such a case. At the beginning of this century, the institution of recognition was incorporated into the law. In this way, a man can become the legal father of a child without having married the woman from whom the child was born.
The recognition itself
The recognition of a child is a legal act. A legal act is a factual act whose purpose is to create a legal consequence, in this case the legal recognition of the child. By acknowledging the child, the recogniser accepts the legal consequences attached to such acknowledgement. Through the recognition the recogniser becomes the legal parent of the recognised child. This means that a family law relationship arises between the recognised child and the man. This means that the child becomes the heir of the acknowledger, has a right to maintenance or alimony, can get the gender name of the man, can get the nationality of the man and can be under the authority of the man.
Substitute consent is very important
If the mother does not want to accept the father’s acknowledgement, the father can request substitute consent. Substitute consent can only be requested if it can be proven that the man who wants to acknowledge the child is the child’s biological father. This means that the man must be the biological father, he must have carried out the act of conception himself. Whether or not there is question of fatherhood can be determined by a DNA test. The judge can order this DNA test of his own accord. If the father wants to know for sure that he is the father, he can do a home paternity test in advance. However, this type of paternity test is not admissible. When you want an admissible test, simply look up ‘legal paternity test near me’. In addition, DNA testing does not require that it has been established that the man and the woman in the procedure had intercourse during the period of conception and that’s always good to keep in mind when you want more information about this subject.