When is an acknowledgment of paternity necessary?
If the parents of a child were not married during the pregnancy,and child was born out of a wedlock, only the man who acknowledges his paternity may be registered as the father to the child's Hungarian birth certificate, regardless of the contents of the South African one.
When is the acknowledgment of paternity not possible?
A man cannot acknowledge his paternity if
- -the mother was married during her pregnancy,
- -or she divorced, and less than 300 days passed between the day of birth and the day on which the divorce took effect.
In the above cases, the legal presumption is that the husband or the ex-husband is the father. This presumption can only be contested at the court. There are some special rules for children born via an in vitro procedure.
It is also impossible to acknowledge the paternity if a court has already passed judgment on paternity.
Who must give consent to the acknowledgment?
The consent of the: mother, the legal guardian of a minor, and child if he or she is at least 14 years of ageare necessary for the full effect of the acknowledgment. If the mother or the child is deceased or is permanently hindered, consent may be given by the Hungarian guardianship office. A statement on the family name of the child is part of the acknowledgment and consent.
The father can only acknowledge his paternity in person, at the Embassy of Hungary in Pretoria. Both parents have to be present.
Do not sign the forms, only in the presence of the consul!
What special rules apply to parents under 18?
If the parents of the child are under 18, their legal representatives should appear in person as well. For the validity of the voluntary acknowledgment of paternity, the father should be at least 16 years older than his child.
What other documents are necessary?
An original birth certificate with Apostille attestation from DIRCO (further details: http://www.dirco.gov.za/consular/legalisation.htm)
We only accept a full/ unabridged birth certificate, showing data for parents as well.
The parents must present their identity documents, and in case of a non-Hungarian citizen, a passport or citizenship certificate, which proves his or her citizenship. The Hungarian parent shall present proof of Hungarian citizenship.
- if the marital status of the mother is divorced or widow, proof of that (marriage certificate, final decree of divorce with a Hungarian translation, death certificate with the necessary Apsotille attestation)
- if the child is yet to be born, certification from the obstetrician/gynecologist on the expected date of giving birth.
