Recognition (family law)

Recognition is the process in some jurisdictions whereby a man is recognised as the father of a child in situations where there is no presumption of paternity, generally due to the mother being unwed. Historically due to the Roman law principle of Mater semper certa est (the mother is always certain) this action was not available to mothers, but since the introduction of in-vitro fertilisation this has changed. It is an act that confers legitimacy on the child.

When a child is born the mother is known, but the father is not certain. When the mother is married, the husband is presumed to be the father (see presumption of legitimacy). When the mother is unmarried, some jurisdictions require the father to take extra steps to be recognised as the father, the presumption of paternity does not apply. The laws vary between jurisdictions but common themes are:

There is no requirement that the recogniser actually be the biological father. In fact, if the child already has a legal father (by the presumption of paternity or by prior recognition) the biological father may not be allowed to recognise their own biological child unless the legal father voluntarily denies fatherhood; a child may only have one legal father. This can happen in cases where the presumed father discovers a child is not their biological child (see paternity fraud). In this case the law holds the rights of the "social father" above those of the "biological father".

In all cases it is a voluntary act by the father to recognise a child.

Article 199 of Book 1 of the Burgerlijk Wetboek determines that the man who recognises a child becomes the child's legal father. This can be done by a public instrument, or by an act of recognition, completed by a officer of the Register office. It also the lists situations where 'recognition' may be considered invalid.

The requirement for the mother to consent can be overridden by a court, but only if the recogniser is the biological father, or if the lifelong partner of the mother consented to an act that could have led to the birth of the child, unless it would disrupt the relationship between the mother and the child, or it would not be in the best interests of the child.

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Wikipedia