I. What is a declaration of paternity? When is it needed?
In Hungary, as a general rule, the registrar registers as the father the man who, based on Act V of 2013 on the Civil Code (hereinafter: Civil Code) should be considered the child's father.
The Civil Code (§ 4:98-114) outlines the criteria for considering someone as the child's father, which is based on assumptions, in contrast to the mother's position, which is clearly fulfilled by the fact of birth. Paternity may be based on presumptions in the following strict order:
1. the existing marriage of the mother,
2. in the absence of an existing marriage, the mother's terminated marriage, if the marriage was terminated within 300 days from the date of the child's birth through divorce proceedings or with the death of the husband,
3. in the case of civil partners assisted reproduction treatment,
4. declaration of acknowledgment of paternity,
5. judicial determination of paternity.
A formal declaration of paternity can be made if:
1. the mother's marital status is single or the parents married after the birth of the child,
2. the mother's marital status is divorced/widowed, and at least 300 days have passed between the final dissolution of her marriage or the death of her spouse and the birth of the child,
3. the child was not conceived through assisted reproduction treatment (e.g., IVF) in which the parents participated as partners/civil partners,
4. there is no paternity suit underway regarding the child,
and
5. the father is at least 16 years older than the child.
If there is no presumption of paternity on the basis of which it is clear who is the father of the child, the family legal status of the child must be settled by a declaration of acknowledgement of paternity before or at the same time as the Hungarian registration of the child's birth, if the above legal conditions are met. If the child was born in the United Kingdom, a special rule different from the above applies, which is referred to in paragraph (II).
When can you NOT make a formal declaration of paternity?
Based on the relevant Hungarian legal provisions, it must be checked whether the child's so-called family legal status is settled, that is, whether the father's legal status is fulfilled. If, according to the legislation, a person other than the (biological) father must be considered the child's (legal) father, a full paternity declaration cannot be made until the presumption of paternity is overruled. The presumption of paternity can be overruled in court in Hungary, thus the paternity status becomes vacant, after which the biological father can make a declaration acknowledging paternity in full force. To rebut the presumption of paternity, the child must first be registered in the name of the legal father. Only after the overruled paternity presumption and the declaration of the biological father, the child may be registered in the name of the biological father.
In such cases, our consulate can only proceed with the registration in the name of the child's legal father. We cannot assist with: the recording of the full declaration of recognition of paternity; in the registration in the name of the biological father; court cases preparation for overruling paternity presumption. As further practical guidance, we would like to point out that in such cases, we can only issue an emergency passport for a return journey to Hungary to the children in order to facilitate administration in Hungary (rebutting the presumption of paternity, domestic registration of birth in Hungary, applying for a passport in Hungary).
How to apply
It is only possible to submit the application in person based on a prior appointment. If you are unsure whether a paternity declaration must/can be made in your case, please contact us at the email address konz.man@mfa.gov.hu .
Appointments shall be booked directly through our online booking system. For appointment, please select "Acknowledgement of paternity + birth registration” or “Acknowledgement of paternity + birth registration + passport (under 18 age) + Maternity allowance”.
You can read more about the registration of a birth abroad in Hungary in the birth registration section of our website.
The father can make a formal declaration of paternity for the unborn child as well. This includes a separate form at the bottom of the page.
Copies of the acknowledgment shall be posted to the applicants within 10 days from the appointment.
Requirements
- The personal presence of both parents.
- Presentation of a valid identification document of the parents that also proves citizenship (always a passport in the case of foreign citizens).
- Child's original birth certificate - if it is not in Hungarian or English, then with an official translation.
- Payment of the consular fee (please check this web page for the latest fee).
- If the mother is divorced, the Hungarian marriage certificate must be presented, which contains the fact of the divorce, or the final judgment of the Hungarian court on the pronouncement of the divorce.
- If the mother is a widowed, the death certificate of the deceased spouse must be presented.
- If the father or mother is a minor (under 18), both parents/legal representatives of the minor parent must also be present.
Form to be downloaded:
to aknowledge a child to be born
to acknowledge a child already born
Please see the English translation of the application form here. (Guide only!)
II. Procedure for a declaration of paternity if your child was born in the UK
If the parents are not married, or were married after the birth of the child, and the child was born in the United Kingdom, and the identity of the parents were announced jointly and in unison by the parents at the registry office (the names of both parents are listed in the so-called “Informant” column of the birth certificate issued in the United Kingdom /Certified copy of an entry/), and otherwise all the legal conditions for making a paternity declaration are met, the person listed in the birth certificate issued by the UK authority can be registered as a father without making a full acknowledgement of paternity declaration. (In other words, there is no need to book a separate appointment to make the declaration of paternity because the declaration will be based on the British birth certificate.)
In this case, please fill out the short declaration at the bottom of the page and bring it with you to the consulate. The declaration shall be signed at the consulate, in front of the employee of the consular office.
N.B. However, this rule does not apply to cases where one of the parents is under the age of 18, or if the child has already reached the age of 14.
Form to be downloaded:
Declaration (to be filled out in case of a ‘Certified copy of an entry’)
