ACKNOWLEDGMENT OF PATERNITY
A declaration of fatherhood is required in case the parent(s) of a Hungarian citizen apply for the registration of the birth of their child abroad AND the parents were not married at the time of the child's birth. If the parents of a child were not married during the pregnancy, only the man who acknowledges his paternity may be entered as the father to the child's Hungarian birth certificate, regardless of the contents of the Australian birth certificate.
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.
It is also impossible to acknowledge the paternity if a court has already passed judgment on paternity.
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.
Who must give consent to the acknowledgment?
The consent of the
- the legal guardian of a minor, and
- child if he or she is at least 14 years of age
are necessary for the full effect of the acknowledgment. Thus, as a general rule the joint presence of both parents (and of the child, if applicable) is required to initiate the procedure.
How to apply
The application may only be submitted in person with both parents present.
Documents to be submitted
- The original birth certificate. We only accept a full birth certificate, showing data for parents as well! If the child’s birth certificate was not issued in Australia, please contact us.
- The parents must present their identity documents (passport, driver license or photo card) and prove their nationality.
- If available: the child's foreign passport.
- If the marital status of the mother is divorced or widow, proof of the status (marriage certificate, court decree on divorce, death certificate).
- If the child is yet to be born, certification from the obstetrician/gynaecologist on the expected date of giving birth.
Translation of the birth certificate
There is no need for translation:
- if the birth certificate is issued in English, German or French language;
- OR, if the birth certificate is issued by other countries in two or more languages if one of them is English, German, or French.
If the birth certificate is issued in a different language, a legal translation should be presented:
- the translation could be prepared by the National Translation and Authentication Office (OFFI) – in this case, it does not need to be further legalized;
- OR, NAATI translator. In this case the translation should be legalized by the responsible Hungarian Consulate.
Consular fees are on our website. Please note that we are a cashless office, card payment only!
If you have any questions please contact our consulates!