The voluntary acknowledgment of parentage constitutes a significant act under family law, through which the father of a child born outside of marriage or a civil union legally recognizes his kinship with the child. This act establishes full parental and legal rights between the father and the child, equivalent to those arising from a child born within a marriage.
It represents a unilateral declaration of the father’s intent, whereby he confirms that he is the biological father of the child. The acknowledgment is formalized through the drafting and signing of a notarized deed, ensuring both its legality and the possibility of immediate registration with the civil registry.
In a voluntary acknowledgment of parentage executed before a notary, the following parties may be present:
- The father, who makes the acknowledgment.
- The mother of the child, only if she provides consent (consent is required if the child is a minor).
- The child, if they have reached the age of 18, in which case their own consent is also necessary.
Required Documents
For the preparation of a notarized deed of voluntary acknowledgment of parentage, the following are typically required:
- Police ID card or passport of the father and mother.
- The child’s birth certificate.
- Family status certificate.
- Tax Identification Number (TIN) and Social Security Number (AMKA) of the parties involved.
- If the child is an adult, their presence and consent are also required.
Consequences of Acknowledgment
Through voluntary acknowledgment:
- The child acquires legal kinship with the father and his relatives.
- Rights and obligations are established, including maintenance, inheritance rights, and the right to bear the surname chosen by the parents through a joint declaration.
Procedure – Registration
After signing the notarized deed:
- It is submitted to the competent Civil Registry, where an acknowledgment record is issued.
- The information is also updated in the Citizen Registry.
From that moment, the acknowledgment has full legal effect, thereby safeguarding the rights of both the child and the father and formalizing their family relationship. Proper guidance from an experienced notary ensures the legality, accuracy, and immediate enforceability of the deed.