Registry

Who is the child’s legal mother? This matter is governed by the national law of the mother.

Who is the child’s legal father? This matter is governed by the national law of the father.
 

Maternal parentage with regard to a Belgian woman

Under Belgian law, maternal parentage may be established in three ways, in the following order:

• on the basis of the birth certificate: the child’s mother is the person designated as such on the birth certificate.
  This maternal parentage may be contested if it turns out to be false. 
• by acknowledgement: if, in exceptional circumstances, maternal parentage is not established on the basis of the birth certificate, it may be established if the mother acknowledges the child. A child's parentage can only be acknowledged if the necessary consents are given.
• through legal proceedings to establish maternity: if maternal parentage is not established either on the basis of the birth certificate or through acknowledgement, maternity may be established through the courts.

The Family Court has jurisdiction over all applications relating to parentage.
 

Paternal parentage with regard to a Belgian man

In wedlock

Belgian law provides for a presumption of paternity on the part of the husband of the child’s mother in the context of a lawful marriage. This means that the Belgian husband of the child’s mother is presumed to be the child’s father if the child was born during the marriage or within 300 days of the dissolution or annulment of the marriage.

Exception: The mother’s Belgian husband is not regarded as the child’s legal father if the child was born more than 300 days after:

1. a court order authorising the spouses to live apart, or
2. the registration of the spouses at different addresses in the population registers (unless they are subsequently re-registered at the same address).

These exceptions do not apply if the spouses have jointly registered the child’s birth.

If the mother remarries and the child is born during that marriage, the mother's "new" husband will be the child's legal father.
 

Outside wedlock

There is no presumption of paternity outside wedlock.

If paternal parentage is not automatically established by a presumption of paternity, the father may acknowledge the child.

A child's parentage can only be acknowledged if the necessary consents are given.
 

Both maternal and paternal acknowledgement require prior consent from one or more parties:

1. if the child is a non-emancipated minor, prior consent must be given by the parent with whom the child’s parentage has been established, or by the mother if the parentage is acknowledged before the child’s birth;
2. if the non-emancipated minor has reached the age of 12, his or her prior consent will also be required;
3. if the child is of full age or an emancipated minor, only their prior consent is required for the acknowledgement of parentage.

Prenatal acknowledgement

The father may acknowledge the child whilst the mother is still pregnant, with the mother’s prior or concurrent consent. Prenatal acknowledgement only takes effect if the child is born alive and viable.
 

Through the courts

If paternal parentage is not established either on the basis of a presumption in the case of a child born in wedlock, or on the basis of an acknowledgement in the case of a child born out of wedlock, paternity may be established through the courts.

The Family Court has jurisdiction over all applications relating to parentage.
 

If you are registered with a Belgian municipality, submit all the documents (foreign birth certificate, foreign acknowledgement of parentage certificate, foreign court decision), where applicable, duly legalised or bearing an apostille and accompanied by a translation, preferably produced by a sworn translator before the Belgian courts, to the Belgian registrar in the municipality where you are registered in Belgium.

The latter is competent to register foreign civil status documents in the Civil Status Records Database (BAEC). If at least one parent, recognised as such by the municipality, is Belgian and was born in Belgium, the child will be Belgian by birth after the birth certificate is registered in the BAEC. 

You are invited to contact the municipality where you are registered in Belgium to request any relevant information regarding the procedure to follow.

Once the municipality has registered the birth certificate in the BAEC, you can contact the relevant career consular post to apply for a travel document or, where applicable, a visa, so the child can come to Belgium.

You can easily obtain copies or extracts of documents registered with the BAEC from your municipality at any time.

If you are registered with a Belgian career consular post abroad, submit all the documents (foreign birth certificate, foreign acknowledgement of parentage certificate, foreign court decision), where applicable, duly legalised or apostilled and accompanied by a translation, preferably produced by a sworn translator before the Belgian courts, to the consular post where you are registered.

They will advise you on the necessary steps to take.
 

Please see the Nationality section for further information on this topic.
 

Please see the Giving a name section for further information on this topic.
 

Since 1 January 2015, Belgian co-mothers can establish parentage with their children without going through the adoption process.

Parentage with regard to the Belgian co-mother is established in the same way as parentage with regard to the Belgian father.

Further information on co-parenting: FPS Justice (French or Dutch)