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Old 13.08.2016, 20:24
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Acknowledgement of paternity

Hello all, I have checked other threads but i did not exactly find the answer to my question. Actually, I am from South Africa and I am single. I am doing my masters in the University of Bern. I am three months pregnant right now and my boyfriend would like to acknowledge patenity of our child. My boyfriend is from Cameroon but has a Swiss passport.
My question is:
Do we need to do a DNA test before my boyfriend can acknowledge paternity of our child? like is a DNA test one of the required documents for us to take to the civil registry before my boyfriend can acknowledge paternity?

Please any information will highly be appreciated.

Thanks.
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Old 13.08.2016, 21:00
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Re: Acknowledgement of partenity

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Hello all, I have checked other threads but i did not exactly find the answer to my question. Actually, I am from South Africa and I am single. I am doing my masters in the University of Bern. I am three months pregnant right now and my boyfriend would like to acknowledge patenity of our child. My boyfriend is from Cameroon but has a Swiss passport.
My question is:
Do we need to do a DNA test before my boyfriend can acknowledge paternity of our child? like is a DNA test one of the required documents for us to take to the civil registry before my boyfriend can acknowledge paternity?

Please any information will highly be appreciated.

Thanks.

If he /she has your boyfriends nose , No
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Old 13.08.2016, 21:20
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Re: Acknowledgement of partenity

Children

When the parents are unmarried, they must make a joint declaration in order to establish joint parental authority. The parents must declare that they:

•agree to share responsibility for the child;

•have agreed on residence for the child, on personal relations or each parent’s share of childcare duties and on child maintenance contributions.

The declaration can be made at the civil register office at the time of recognition of the child, or at a later date at the Child Protection Authority.

https://www.ch.ch/en/cohabiting/

Parental authority - revision of the Swiss Civil

If the parents of the child are not married to each other, they must make a joint written declaration in order to establish joint parental authority. The parents must declare that they:

•agree to share responsibility for the child;

•have agreed on residence for the child, on personal relations or each parent’s share of childcare duties and on child maintenance contributions.

The declaration can be made at the civil register office at the time of recognition of the child, or at a later date at the Child Protection Authority.

Until such a declaration is made, parental authority is awarded solely to the mother.

If one of the parents refuses to make a declaration on joint parental authority, the other parent may contact the child protection authority at the child’s place of residence.

https://www.ch.ch/en/parental-author...rried-parents/

If the mother is not married at the time of birth, the man who is understood to be the biological father must explicitly recognise any children born out of wedlock. He can acknowledge paternity either before or after the birth.

It is not possible to recognise a child if another man has already done so. In such a case, it is necessary to file a petition to contest recognition.

https://www.ch.ch/en/how-acknowlede-paternity/

Last edited by Medea Fleecestealer; 13.08.2016 at 21:23. Reason: Added more info - I got there in the end
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Old 13.08.2016, 21:22
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Re: Acknowledgement of partenity

Details that should help:

https://www.ch.ch/en/how-acknowlede-paternity/

In FR but put it through Google:

http://www.guidesocial.ch/fr/fiche/99/
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Old 13.08.2016, 21:51
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Re: Acknowledgement of partenity

In short, you just both need to declare it, no paternity test or other documentation required.

Tom
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Old 13.08.2016, 22:37
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Re: Acknowledgement of partenity

Just to add on to Medea's comprehensive post... a DNA test is only required if the supposed father is disputing paternity.
If he's happy to acknowledge (and accept responsibility for) his child then you're good to go.

Congratulations by the way!
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Old 14.08.2016, 13:01
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Re: Acknowledgement of paternity

My advice would be to read the 'fine print' carefully.... do you plan to stay with your boyfriend ? Is he prepared to marry you ? Do you live together ? Will you co-parent ? Does he take financial responsibility for you and your child ? Can he provide for you both in the long-term ? What if you finish your studies and do not have the right to stay in Switzerland - where will the child then live ? Why aren't you married already ? You don't have to tell us the answers to those questions, but you need to really think it through very very carefully. He can block issuing of a passport, prevent you from taking the child to visit your family back in your home country, take the child to his family but then not bring the child back... need to check very carefully the parental rights etc for Morocco... some countries are heavily biased towards the father's rights, especially if the parents are not married.

I have one friend who was not married to her boyfriend (Germany) and they split shortly after the child was born, but he signed the paternity agreement. It came back as a major headache for her when she wanted to take the child to live outside their home country... ie. move to Switzerland for work... he blocked her and she is now stuck, unable to live/work anywhere outside that country, despite the fact that she has essentially full responsibility for the child on a daily basis, and the father sees the child at his convenience whenever he wants to...and even though he travels extensively for work and could easily 'visit' if she chose to live elsewhere...

Reality is that if there is a relationship breakdown, the odds are that you will end up taking the burden (would you be prepared to leave your child permanently with him?) and based on my experience of how this works...you may want to think very long and hard about it, and take legal advice....

On the other hand, please don't get me wrong, I am totally in favour of having two partners parenting a child together, for the long-term. But there is still a whole system stacked against children/parents where the child is born 'out of wedlock'... and looking at it wholly from your side of the equation, it may not be in the best interest of you if you are not going to marry this man...you do have the choice to refuse to acknowledge his paternity if you do not believe that he will take a long-term commitment to you and the child... and you should have those difficult conversations before you sign a legal agreement.
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Old 14.08.2016, 13:44
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Re: Acknowledgement of paternity

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My advice would be to read the 'fine print' carefully....
Indeed, a lawyer friend ALWAYS recommends the woman NOT to seek paternity, for the reasons you mentioned!

Tom
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Old 14.08.2016, 14:12
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Re: Acknowledgement of paternity

Agreed swisspea, though it works both ways. He could no more take the child to his home country without her permission than she can without his. But it can be a serious minefield for both unmarried and divorced parents. So research thoroughly before you make any final decisions. Joint custody is the norm here in Switzerland if paternity is acknowledged.

Here's one recent example.

How to claim child maintenance from father in England ?
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Old 14.08.2016, 14:23
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Re: Acknowledgement of paternity

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Indeed, a lawyer friend ALWAYS recommends the woman NOT to seek paternity, for the reasons you mentioned!

Tom
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....if you are not going to marry this man...you do have the choice to refuse to acknowledge his paternity .....
If, however, the child is in Switzerland, it is regarded as part of the overriding principle "the child's best interests comes first" that the child has a right to know who his/her parents are.

This task is the work of the KESB (Kinder- und Erwachsene Schutz-Behörde), which is the government department for protection of children and adults.

When enquiring there, for the case of a single Swiss mother, I was told that it is an outdated myth that the mother can simply not name the father, and that thereafter the child has no father, and the father no responsibilities towards the child. On the contrary, I was told that nowadays, if the mother does not name the father, the KESB actively carries out research and investigation in order to determine who the father is.

Of course, the KESB has an interest not only for the child's best interests, but also in keeping its own costs as low as possible, both short- and long-term. The KESB undertakes whatever possible to ensure that the father will contribute at the very least to the financial support - and ideally also to the upbringing - of the child.

Last edited by doropfiz; 14.08.2016 at 14:58. Reason: adding quote from swisspea
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Old 14.08.2016, 14:54
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Re: Acknowledgement of paternity

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Agreed swisspea, though it works both ways. He could no more take the child to his home country without her permission than she can without his.
Yes, officially that is so... as long as both parents and the child are in a country in which that is the law. At the moment, they are both in Germany, and there it is as you describe. Of course, laws are not the same everywhere, though.

The OP is South African, and there, specifically, there is a relatively new law which states that no parent can bring any child (even his/her own biological child, even a child with South African papers) into the country, nor leave the country with a minor, without a signed statement (and other documentation) from the other parent. For adults travelling with children who are not their own (e.g. grandparents), the same kind of documentation of both parents is required.

The father of the child is Swiss. He may be a dual national with Camaroon.
In Switzerland, too, the laws are as you describe, swisspea.
I do not know what the laws are in Camaroon. And a zillion other countries.

@Veronel, it is great that your partner wants to acknowledge his child! People here are trying to warn you about the awful scenarios. They are doing so not to be negative, but because there's a certain experience pool here, of what we've seen happen, if things go wrong further down the line.

I commend you that you are being wise and making the right enquiries. Good show!

With international partnerships, there is the possibility that the child's father, may at some later stage:
a) disappear, or
b) go on holiday with you and the child to a country in which such laws do not apply, and then refuse to leave again, such that you'd be stuck there unable to bring your child out, or
c) snatch the child from you and take it to a country in which such laws do not apply, and in which you would have no right to access to your child.

To safeguard against such, and to build a future for happier and less dramatic scenarios, one good thing to do is to try to ensure that you and your baby have, as far as possible, the same citizenships.

Swiss citizenship is always through descent, so that the child of a Swiss parent is automatically Swiss. It does not matter in which country the child is born. Absolutely make sure that the baby's father registers the child's birth with the Swiss authorities where he lives at the time of the birth. Get that registration done, and make sure you get the papers to show that your child is Swiss.

Citizen through descent used to be the case, automatically, for children born of South Africans, too, but you need to check with the South African authorities whether this still applies to persons born outside of South Africa. If your child will be South African only if he/she is born in South Africa, then you might consider travelling to South Africa in time to give birth.

If your partner also has other citizenships, you should check whether or not the child will automatically be eligible. Also: you should try to find out what the laws are in that country / those countries, about a father's right to enter and stay there with the child and without the mother. Depending on those laws, it might or might not be a wise decision to apply for your child to get that/those citizenship(s).

You are South African - good.
For your child's sake, if I were you I would plan for the possibility of becoming Swiss.

If you are not married to the father, you have almost no chance of ever naturalising as Swiss, since to do that you would have to live here in your own right for many years, and it would be difficult to get a permit to stay here(though perhaps a little easier as the mother of a Swiss child).

If you and your Swiss partner marry, you have a much better chance of naturalising. There are many routes. If you and he were to be married and live together in Switzerland, then you could apply for naturalisation after 5 years. In some (rarer) cases, you could do this even if you and he were married but lived outside of Switzerland - but then you would have to demonstrate a significant connection to Switzerland, e.g. by learning the language, by subscribing to Swiss newspapers or websites, by attending Swiss cultural events wherever you live.

Okay, this answer has gone beyond your initial question. You have a lucky baby: if you get all the paperwork right, he/she is going to be born Swiss!
Here's how: https://www.ch.ch/en/registering-birth-abroad
And he/she already has an intelligent mom!

Last edited by doropfiz; 14.08.2016 at 15:02. Reason: adding link
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Old 14.08.2016, 15:09
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Re: Acknowledgement of paternity

Doropfiz is absolutely right.

A woman can not just refuse to name the child's father. Well, she could but then it will be the gov't that will take the role. The child will be under tutelage. So it won't be the mother deciding on her own all those things.

And I heard that she will also be sent for psychological evaluation if she says she just doesn't know who the father is!
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Old 14.08.2016, 21:42
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Re: Acknowledgement of paternity

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...My boyfriend is from Cameroon but has a Swiss passport...
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... need to check very carefully the parental rights etc for Morocco...
Emphasis mine.
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Old 14.08.2016, 21:50
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Re: Acknowledgement of paternity

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Emphasis mine.
That was my mistake. For some reason I read 'Morocco' not Cameroon.

From a quick skim, Cameroon is not a signatory to the Hague convention.


You can read more here about the Swiss attitude to paternity and the child's rights re: citizenship etc.
http://www.binational.ch/en/?Childre...%80%99s_rights

Big question - do you plan to stay in Switzerland permanently ? If not, you need to be pretty careful about what happens from here on. If yes, then you need to be really aware of what the laws are here in Switzerland and how they differ from your home country etc.

More specific information is here:
https://www.ch.ch/en/parental-author...rried-parents/

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Old 14.08.2016, 21:57
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Re: Acknowledgement of paternity

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A woman can not just refuse to name the child's father. Well, she could but then it will be the gov't that will take the role. The child will be under tutelage.
Sorry, but I've never known that happen to anyone, and I know of more than a few such cases.

Tom
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Old 14.08.2016, 23:44
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Re: Acknowledgement of paternity

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Sorry, but I've never known that happen to anyone, and I know of more than a few such cases.

Tom
When did your few such cases happen? Previous it might have been OK. A few years ago a friend wanted to do this because the father didn't want any more children and this was what she was told.

https://www.jgk.be.ch/jgk/fr/index/k...terschaft.html
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Old 15.08.2016, 09:08
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Re: Acknowledgement of paternity

But that seems to imply that the father is known, and doesn't want to assert paternity.

Tom
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Old 16.08.2016, 07:07
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Re: Acknowledgement of paternity

Thank you all so much for all your valuable information. It has indeed been very helpful.
swisspea has posed some valuable questions and it has really got me thinking hard.
My fear now is that, if my boyfriend however acknowledges paternity, will I be legally allowed to take the child back with me to my country even if my boyfriend declines? And, if my child eventually become Swiss, will I be able to get permission to stay in Switzerland with my child even after I am done with my studies? (that is if I am not allowed to go back with the child).
My boyfriend is still on my neck wanting to acknowledge paternity but I am a bit skeptical about it now and I really want to have all informations about it before doing it so that I don't regret at the end of the day.

Once again thank you all so much for the information.
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Old 16.08.2016, 07:33
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Re: Acknowledgement of paternity

No, you won't. As said you both have to agree these things. If he doesn't agree then you can't take the child out of the country.

And you child will not eventually become Swiss, he/she will be Swiss from birth because they have a Swiss parent.

As for being allowed to stay, well that will depend on your circumstances after you finish studying. If you get married or he applies for a concubine dependent's permit for you there's no problem, but if you split up then it may depend on things like age of child, how well you're integrated into Swiss society/life, etc. Unforunately there's not a lot given for unmarried couples on this, but maybe these links regarding divorce will give you a general idea.

https://www.ch.ch/en/divorce-parental-authority/

https://www.ch.ch/en/right-to-reside...th-or-divorce/

Assuming you will be the primary carer of a Swiss national I can't see you being thrown out of the country should you split up. He would have to pay maintenance for the child.
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Old 16.08.2016, 14:53
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Re: Acknowledgement of paternity

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...And you child will not eventually become Swiss, he/she will be Swiss from birth because they have a Swiss parent...
The potential Swiss citizenship of the child we're discussing in this thread is only "from birth" if the father acknowledges paternity before the child reaches majority or marries the mother after the child is born.

Source.
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