The 11 non-governmental organizations filing the appeal agree that this law goes against the Belgian Constitution and breaches the United Nations Convention on the Rights of the Child, which the Belgian Council of State also clarified in its very critical opinion directed to the government.

The measures that are provided in the new law, which aims to tackle fraudulent acknowledgment of paternity, are deemed totally disproportionate and needless, as anti-fraud mechanisms already exist.

This new legislation against fraudulent acknowledgment, which will enter force on 1 April, will allow civil registrars of the municipalities to refuse to officially record the recognition of a child’s paternity.

The best interests of the child are left aside

The best interests of the child principle, one of the main principles of the Convention on the Rights of the Child, also enshrined in the Belgium Constitution, is completely forgotten by the law.

Indeed, the new legislation allows civil registrars to refuse the acknowledgment of a child, only on the basis of a suspicion of fraud, without having to check if this refusal complies with the best interests of the child.

And the law goes even further: a civil servant can refuse the acknowledgment of paternity if he or she can conclude, from a so-called combination of circumstances, that the person concerned is trying to establish paternity only for fraudulent reasons, even when a biological bond with the child is obvious.

Under the new law, a civil servant can, only on the basis of his or her personal judgment, decide to officially record a acknowledgment of paternity, or to refuse to so. In fact, the new law does not provide any specific recourse (quick and available for all) against such a decision.

Disproportionate and needless measures

These measures are totally disproportionate to the purpose sought (fight against fraud), as they can lead to a refusal of the acknowledgment of paternity of a child.

Yet, two mechanisms designed to fight the so-called fraudulent acknowledgments phenomenon already exist: the withdrawal of the residence permit of a parent who acquired the permit by using a fraudulent acknowledgment of paternity; and an “action for annulment” against the act of acknowledgment.

These two mechanisms have been used for many years in order to effectively fight against these fraud cases.

Discrimination among children born Belgium

Furthermore, this law creates differential treatment between children who were born in Belgium from two legally residing parents and children who were born in Belgium from one parent (out of two) legally residing. For the former, the acknowledgment of paternity can never be refused.

This differential treatment is unjustified, and the law therefore violates the principles of equality and non-discrimination.

Serious consequences for the children

The children who, following the refusal of a civil registrar, cannot be recognized by their Belgian, European or foreign father with a residence permit in Belgium, will not be granted a residency status.

According to this situation, the children whose acknowledgment of paternity was refused might not be able to know their father or make a connection with him, and might not enjoy the right to a support contribution from him or the right to inherit from him.

In some cases, these children will not even know where they come from. These diverse consequences amount to serious violations of the rights of the child.

Below is the list of the 11 NGOs who lodged the appeal against this law:

• UNICEF Belgique
• La Kinderrechtencoalitie Vlaanderen
• La Coordination des ONG pour les Droits de l’Enfant
• Medimmigrant
• Coordination des Initiatives pour Réfugiés et Etrangers (C.I.R.E.)
• Point d’Appui – Service d’Aide aux personnes sans papiers
• Service Droit des Jeunes (S.D.J.)
• La Ligue des Droits de l’Homme
• L’Association pour le Droit des Etrangers (ADDE)
• Défense des Enfants (DEI) Belgique
• L’Ordre des Barreaux Francophones et Germanophone (l’O.B.F.G.)