Who is the father if I get divorced or my husband dies before the child is born?

If the father dies before the child is born

If you were married and have a child within 306 days after your husband’s death, your late husband is assumed by law to be the father of your child. If you and your husband had separated before he died, within one year after your child’s birth you can declare that he was not the father. You can file a declaration with the municipal registry of births, deaths, marriages and registered partnerships (burgerlijke stand).

If the mother remarries or enters into a registered partnership after the child’s father dies

Had you remarried or entered into a registered partnership with someone else by the time your child was born? If so, your new husband or registered partner can become the child’s legal father provided you had separated from your first husband before he died. And provided that you file a declaration that your previous husband was not the father. You must file this declaration within one year after your child’s birth.

Child born after divorce

If you became pregnant while you were married but gave birth to the child after your divorce, the law assumes that your ex-husband is not the father. But your ex-husband can acknowledge the child.

Denying paternity

It is possible to deny paternity of a child born during a marriage or registered partnership. But only if it becomes clear that the mother’s husband or registered partner is not the child’s biological father. The mother, the father or the child can deny paternity for this reason. A number of other conditions must also be met. You should contact a legal adviser for more information. If you decide to start denial of paternity proceedings you will need a lawyer (advocaat).