A strengthened legal framework since 2018

Since 1 April 2018, a new law more strictly regulates the recognition of filiation: (co-)paternity or co-maternity.

Objective

• To combat fraudulent recognitions aimed solely at obtaining a right of residence
• To allow municipalities and the Public Prosecutor’s Office to examine the true intent behind the recognition

Cases concerned

The law applies in the following cases:

• Recognition by a Belgian national or long-term resident of a foreign child
• Recognition of a Belgian child or long-term resident child by a foreign national
• Recognition made abroad

A two-step procedure

Step 1: Declaration of recognition

You will need to provide:

• Birth certificate (child + parent(s))
• Proof of identity and nationality
• Proof of registration (register or residence)
• Proof of civil status (single, divorced, etc.)
• Prior consent if required
• Pregnancy certificate (prenatal recognition)
• Certified translations for foreign documents

In case of doubt, the civil registrar may defer the decision for 2 months, extendable by the Public Prosecutor’s Office up to 5 months.

Good to know If no decision is rendered within this period, the recognition must be recorded.

Step 2: Registration of the recognition

Must be completed within 3 months of the declaration. If the Public Prosecutor’s Office is consulted, processing may take up to 8 months.

Rejection, annulment and penalties

Refusal or annulment

• The civil registrar may refuse if the recognition appears to be motivated by residence purposes
• The Public Prosecutor’s Office may annul a fraudulent recognition, even if the biological filiation is genuine

Criminal penalties

Penalties for fraudulent recognition are identical to those for sham marriages:

• Imprisonment of up to 5 years
• Fines of up to 5,000 euros
• Attempts are also punishable

Remedies in case of refusal

• No direct administrative appeal is provided
• It is possible to bring a paternity action before the family court

And the best interests of the child?

Voices have been raised against this law:

• The Council of State considers that the migration criterion alone cannot justify the refusal of a biological filiation
• Eleven associations have lodged an appeal with the Constitutional Court, citing a violation of the Belgian Constitution and the Convention on the Rights of the Child