Denial of paternity by the mother
What is it?
As a mother, you may deny that your deceased husband is the child’s father. To do so, you must file a declaration with the local government. You may do this if both of the following conditions apply:
- Your spouse died within 306 days before the child’s birth.
- You were separated from your spouse as of the 306th day before the birth, or you were living apart from your spouse as of that day.
In other situations, you may also be able to deny paternity. In that case, you must file a petition with the court.
What should I do?
You must file the declaration with the municipality. You have up to one year after the child’s birth to do so.
Please note! Were you already remarried when your child was born? If so, your new spouse will legally become the child’s father as a result of the declaration.
What do I need?
- your valid ID
- Extract from a child's birth certificate
- Extract from father's death certificate