Denying motherhood

What is it?

If the mother of a child is married or in a registered partnership, her spouse or partner automatically becomes the child's parent. For lesbian couples, there is an additional condition that the child was conceived by artificial insemination using an anonymous sperm donor. You must prove this with an official declaration from the Foundation for Donor Data on Artificial Insemination.

Does the spouse or partner die within 306 days before the birth? Then she still becomes the child's parent if the donor data foundation statement is shown at the birth declaration. Even if the mother has remarried or entered into a new registered partnership in the meantime.

It is possible to deny motherhood. That is, you deny that the co-mother is the parent of the child. The co-mother is the female spouse or registered partner of the biological mother.

What should I bring?

You request the denial from the court. You will then need a lawyer. Not only the mother can do this. The co-mother, the child itself or descendants of the child can also apply for denial of maternity at the court.

The mother or co-mother can file the petition with the court up to 1 year after the child's birth. The mother and co-mother cannot deny maternity if:

  • the co-mother knew about the pregnancy before the marriage or registered partnership, or
  • the surrogate mother agreed to the artificial donor fertilization.

A child can petition the court up to 3 years after his or her 18th birthday.

There is 1 case where you do not have to go to court for the denial of maternity. This is if the mother and the co-mother have lived separately (legally separated) since the artificial donor insemination. Only the mother can apply for denial at the municipality in this case.

What does it cost?

Check with your attorney about costs.

There is no charge for denial with the municipality.