Denial of paternity by mother

What is it?

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

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

You can also deny paternity in other situations. In that case, you must submit a request to the court.

What should I do?

You submit the declaration to 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 your new spouse will legally become the child's father by virtue of the declaration.

What do I need?

  • your valid proof of identity
  • child's birth certificate extract
  • extract from father's death certificate

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