Recognition of paternity
If a child is born and the parents are not married at the time of birth, paternity of the child must first be declared by the father. This is done by means of a so-called acknowledgment of paternity. In a publicly notarized document, the father makes a declaration to the Office for Social Services that he is the father of the child. This step establishes the legal relationship to the child. This means that he receives rights (right of contact, right of inheritance, etc.) as well as obligations (child maintenance, etc.) towards his child.
The most important facts in brief
- The Office for Social Services is automatically informed of the birth of a child to a mother resident in Liechtenstein by the Vaduz Civil Status Office without the child's parents having requested it. The mother of the child then receives a letter asking her to invite the father of the child to an appointment proposed by the Office for Social Services.
- The father of the child then has the opportunity to acknowledge paternity of his child by making a personal declaration to an employee of the Office of Social Services.
- The following documents are required for this:
- Passport or ID of the father
- Official document stating the father's place of birth, e.g. birth certificate for persons not resident in Liechtenstein. - The father of the child signs several copies of the certificate. Once signed, these are immediately forwarded by the Office for Social Services to the district court for approval by the guardianship court.
- Once approval has been granted (takes approx. 10 days), the district court sends one document to each parent by registered mail. The remaining originals are sent to the Vaduz Civil Status Office and the Office for Social Services or remain with the District Court. The district court is responsible for any certified copies requested.
- The mother of the child can lodge an objection to the acknowledgment with the court within two years.
- The acknowledgment of paternity is free of charge.
- Joint custody can only be applied for at the Office for Social Services after the birth of the child. This is followed by a short interview as part of the acknowledgment of paternity.
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A maintenance arrangement can also be applied for at the Office for Social Services (see chapter "Child maintenance")
Recognition of paternity before birth
Recognition usually takes place after the birth of the child. However, at the request of the child's parents, it is also possible to carry out a prenatal acknowledgment. For recognition, a medical certificate of pregnancy with the expected date of birth and an indication of whether one or more children are expected is required.
With this form of paternity acknowledgment, the child's parents must also submit the following documents to the Office for Social Services if they are not resident in Liechtenstein:
- Confirmation of residence of the child's parents (not older than 6 months)
-confirmation of civil status of the child's parents/extract from the family register (not older than 6 months)
Important note: In Liechtenstein, prenatal recognition is handled in the same way as postnatal recognition with regard to naming. In both forms of recognition, the child adopts the name and nationality of the child's mother at the time of the child's birth.
Breakthrough or qualified acknowledgment of paternity
If the mother is married but the husband is not the father of the child, the biological father has the option of making a so-called qualified acknowledgment of paternity. The prerequisites for this are that the mother names the acknowledging party as the father and the child (represented by the Office for Social Services) agrees to the acknowledgment. This requires agreement between the named persons. If these requirements are not met, it is possible to apply to the district court to establish paternity.
Are there any doubts about paternity?
Then a so-called paternity report or a paternity test will provide clarification. The Office for Social Services recommends contacting a forensic institute. These guarantee a high standard of quality. Their paternity reports can be presented as evidence in court in the event of a dispute.
Is the actual father unwilling to acknowledge his paternity?
Then an application should be made to the district court to establish paternity (see §138h, i ABGB). The mother of the child can apply to the Office for Social Services for special guardianship of her child (see § 212 ABGB). An employee of the Office for Social Services represents the interests of the child in these proceedings free of charge. The special guardianship does not restrict the mother's custody rights and can be terminated at any time by written application from the mother.