Can child recognition open a right to stay in Belgium?

In certain cases, the recognition of a child by a Belgian parent or a parent with legal residence can allow a parent in an irregular situation to regularize their status. This concerns in particular situations where:

• The parent has an irregular stay
• The child is recognised by a Belgian citizen or a resident with a long-term stay
• The child is Belgian or already has a stable right to stay

An important change since 2018

Since 1 April 2018, a new law strictly governs child recognition. The objective: to combat fraudulent recognitions made solely to facilitate obtaining a residence permit.

What the law provides

• The civil registrar may suspend the recognition and refer the file to the Public Prosecutor’s Office
• They may refuse to record the recognition if it appears to be fraudulent

In which cases does the law apply?

The legislation applies to the following cases:

• Recognition in Belgium of a foreign child by a Belgian parent or a parent with legal residence
• Recognition in Belgium of a Belgian child by a parent of foreign nationality
• Recognition carried out abroad, but used in Belgium (e.g. for a transcription or a residence application)

A procedure modelled on that of marriage or legal cohabitation

Step 1: The declaration

The parent must submit the required documents to the civil registry of the municipality. This generally includes:

• Birth certificate of the child
• Identity document of the parents
• Evidence of the emotional or parental bond (photos, correspondence, proof of cohabitation, financial support, etc.)
• Other documents useful for the assessment of the recognition

In case of doubt, the registrar may suspend the procedure and seek the opinion of the Public Prosecutor’s Office.

Step 2: Registration

If everything is in order, the registrar officially records the recognition, which then has legal effects.

Effects of recognition on the right to stay

If the recognition is accepted

The foreign parent may submit a residence application in Belgium based on the bond with a Belgian child or a child with legal residence. This application is examined according to the rules of family reunification.

If the recognition is refused

• The residence may be refused.
• In case of fraudulent recognition, sanctions may be imposed.

Good to know Recognition alone does not guarantee a right to stay. You will need to prove a genuine and lasting relationship with the child, particularly in educational, emotional or material terms.