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  the 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 presumptions 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/unmarried 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. 

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 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 consular office can only proceed with the registration in the name of the child's legal father. We cannot assist with: the recording of the voluntary acknowledgement of paternity; the registration of the child for 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 to the child for a return journey to Hungary  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. Both parties have to be present in person.

The father can make a formal declaration of paternity for an unborn child as well. 

 

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);
  • the child's original birth certificate - if it is not in Hungarian or English, then with an official translation;
  • 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  widowed the death certificate of the deceased spouse must be presented;
  • if the father or the mother is a minor (under 18), both parents/legal representatives of the minor parent must also be present.

 

Consular fees:

For information about the fees please visit this page. >>>

 

Consular office hours:

Tuesdays and Thursdays based on appointment. Before arriving to the consul, please make appointment via phone at 02-8501-1200, ext. 111
一般為星期二和星期四 辦領簽證，請務必先來電預約 （02-8501-1200, 分機 111）。