Challenging Paternity
Under Belgian law, a child born during a marriage, or within 300 days following its dissolution or annulment, is presumed to be the child of the mother's husband.
This presumption of paternity may be challenged by the mother, the child, the husband, or the person claiming to be the child's biological father.
The time limits for bringing such an action vary depending on the claimant:
- The mother: within one year of the child's birth.
- The husband: within one year of discovering that he is not the child's biological father.
- The presumed biological father: within one year of discovering his biological paternity.
- The child: from the age of 12 and no later than the age of 22, or within one year of discovering that the mother's husband is not their father.
Action to Establish Paternity
Where a child is born outside marriage and no voluntary acknowledgment of paternity has been made, legal paternity may be established by a court decision.
If the biological father refuses to acknowledge the child, the mother or the child may apply to the Family Court to obtain a judicial declaration of paternity.
The biological father also has the right to bring an action to establish paternity in order to obtain official recognition of his legal parent-child relationship.
Maintenance Claim Without Establishing Parentage
Where legal parentage has not been established, it is possible to bring a maintenance claim independently of any recognition of paternity.
The mother must then prove, by any means of evidence admissible under Belgian law, that she had a relationship with the presumed biological father during the legal period of conception.
This action belongs to the child, who is represented by the mother or, where appropriate, by a guardian.
If the court grants the claim, it may order the payment of child maintenance without legally establishing parentage. Such proceedings do not prevent a subsequent action to establish paternity.
