Duc_et_Pair
Imperial Majesty
- Joined
- Mar 30, 2014
- Messages
- 13,235
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- City
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- Netherlands
From judex.nl
The biological father is not in a legal relationship with the child when it was not born in a marriage of the biological father and the biological mother. To establish a legal relationship with the child, the father must recognize the child. (Art. 1: 199 sub c Civic Code).
It is important to remember, even within a marriage, that the father can be a biological father in two meanings: the father has naturally conceived a child or the father has donated for artificial insemination of a woman. This terminology is important for reading various articles of law, for example about the denial of paternity.
Recognition of a child is a legal act. By this act a man comes in a legal relationship with a child. Therefore it is possible that the father whom recognized a child -and has vested a legal relationship- is not the biological father of the child. A recognition is irrevocable. (Delphine Boël!).
When the biological or legal father has recognized a child, he has a right of access to the child. Both the child and the parent with whom the child does not reside, have the right to association. If the biological father does not recognize the child (Prince Carlos), he is not a parent in the meaning of law, he does not hold parentship rights and he has no right of access to the child, he has no right on information about the child.
Conclusion: the biological mother and father must consult with each other: should there be a relationship between the child and the biological father? If yes: how intensively should the relationship between the biological father and the child be or will be in the future? On that basis, the biological parents can decide whether it is wise that a biological father recognizes the child or not.
The biological father is not in a legal relationship with the child when it was not born in a marriage of the biological father and the biological mother. To establish a legal relationship with the child, the father must recognize the child. (Art. 1: 199 sub c Civic Code).
It is important to remember, even within a marriage, that the father can be a biological father in two meanings: the father has naturally conceived a child or the father has donated for artificial insemination of a woman. This terminology is important for reading various articles of law, for example about the denial of paternity.
Recognition of a child is a legal act. By this act a man comes in a legal relationship with a child. Therefore it is possible that the father whom recognized a child -and has vested a legal relationship- is not the biological father of the child. A recognition is irrevocable. (Delphine Boël!).
When the biological or legal father has recognized a child, he has a right of access to the child. Both the child and the parent with whom the child does not reside, have the right to association. If the biological father does not recognize the child (Prince Carlos), he is not a parent in the meaning of law, he does not hold parentship rights and he has no right of access to the child, he has no right on information about the child.
Conclusion: the biological mother and father must consult with each other: should there be a relationship between the child and the biological father? If yes: how intensively should the relationship between the biological father and the child be or will be in the future? On that basis, the biological parents can decide whether it is wise that a biological father recognizes the child or not.
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