When is an acknowledgment of paternity necessary?
If the parents of a child were not married during the pregnancy and the child was born out of wedlock, only the man who formally acknowledges his paternity may be registered as the father on the child’s Hungarian birth certificate, regardless of the information contained in the South African birth certificate.
When is acknowledgment of paternity not possible?
A man cannot acknowledge paternity in the following cases:
- The mother was married during the pregnancy.
- The mother was divorced and less than 300 days have passed between the effective date of the divorce and the date of birth.
In these situations, the legal presumption is that the husband or former husband is the father of the child. This presumption may only be contested through court proceedings. Special rules may also apply to children conceived through in vitro fertilization procedures.
Acknowledgment of paternity is also not possible if a court has already issued a final decision regarding paternity.
Who must give consent to the acknowledgment?
For the acknowledgment to take full legal effect, the consent of the following persons is required:
- The mother.
- The legal guardian if one of the parents is a minor.
- The child, if he or she has reached the age of 14.
If the mother or the child is deceased or permanently unable to give consent, the consent may be given by the competent Hungarian guardianship authority. A declaration regarding the child’s family name must also be made as part of the acknowledgment and consent.
The father may acknowledge paternity only in person at the Embassy of Hungary in Pretoria. Both parents must be present during the procedure.
Please do not sign any forms in advance. All documents must be signed in the presence of the consul.
Special rules for parents under the age of 18:
If the parents of the child are under 18 years of age, their legal representatives must also appear in person. For the voluntary acknowledgment of paternity to be valid, the father must be at least 16 years older than the child.
Required documents:
An original birth certificate with Apostille certification issued by DIRCO is required. (Further informations: https://dirco.gov.za/consular-notarial-services/)
Only a full (unabridged) birth certificate showing the details of both parents is accepted.
The parents must present valid identity documents. If one of the parents is not a Hungarian citizen, he or she must present a passport or a certificate of citizenship confirming his or her nationality. The Hungarian parent must present proof of Hungarian citizenship.
- If the mother’s marital status is divorced or widowed, proof must be presented (marriage certificate, final divorce decree with Hungarian translation, or death certificate with the required Apostille certification).
- If the child has not yet been born, a medical certificate issued by the obstetrician/gynecologist confirming the expected date of birth must be presented.
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