Parentage (filiation) is the legal bond between a child and their parents. Under Belgian law, it is established either by presumption of paternity (mother's husband), by voluntary recognition, or by judicial action for paternity research. When doubt arises, you may also contest an established parentage. Sarah Satti, English-speaking lawyer at the Brussels Bar, guides you through all these procedures before the Family Court.
Three main paths allow parentage to be established under Belgian law :
- Husband's presumption of paternity : automatic for a child born during marriage (article 315 Civil Code)
- Recognition : voluntary procedure before the civil status officer (outside marriage)
- Action for paternity research : judicial procedure before the Family Court (articles 322 to 325 Civil Code), admissible until 30 years after the child's majority
Two types of contestation exist under Belgian law :
1. Contesting the husband's presumption of paternity : the mother and husband have 1 year from birth ; the child can act between ages 12 and 22, or within one year of discovering that the mother's husband is not the biological father
2. Contesting a recognition : the parties have 1 year from the discovery of fraud ; the child between 12 and 22 years may act, plus 1 year from discovery
Proof is provided by any legal means, but in practice almost always via genetic expertise (DNA test) ordered by the Family Court.
Since the law of 1 April 2018, you can proceed with a prenatal recognition of your unborn child before the civil status officer of your municipality.
For female couples, co-motherhood allows the wife or legal cohabitant of the mother to establish the parentage link by presumption or recognition, under the same conditions as paternity.
If the child was born abroad or if a recognition deed was established outside Belgium, rules of private international law apply (Belgian PIL Code).
Sarah Satti assists you with transcription and recognition of foreign deeds in Belgium, coordinating with the civil status services and the FPS Foreign Affairs.
- Strategic advice beforehand : evaluation of your situation, applicable deadlines, chances of success
- Drafting the petition for parentage recognition or contestation
- Representation before the Brussels Family Court
- Coordination with the genetic DNA expertise if necessary
- Management of consequences : child's name, parental authority, maintenance contributions, inheritance rights
Your English-speaking lawyer at the Brussels Bar
Sarah Satti, lawyer at the Brussels Bar, primarily practises family law. She guides her clients through all family proceedings with rigour and kindness.
Learn more about Sarah Satti