Denial of paternity by mother

As a mother, you can deny that your deceased husband is the child's father. To do this, you must make a declaration to the municipality. You can do this if these two points apply:

  • Your spouse died within 306 days before the child's birth.
  • You were living separately from your spouse as of the 306th day before the birth or you were legally separated as of that day.

You can also sometimes deny paternity in other situations. You must then file a petition with the court.

What to do

You file the declaration with the municipality. You can do this up to one year after the child's birth.

Note! Were you already remarried when your child was born? If so, the declaration makes your new spouse the legal father of the child.

What do I need?

  • your valid ID
  • extract of child's birth certificate
  • extract of death certificate father

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