The Affidavit of Legitimation is a crucial legal instrument in Belgian family law, used to formally establish or confirm the legal relationship between a parent and child. This document becomes necessary in various situations, such as when parents marry after the birth of their child, when establishing legal recognition for inheritance purposes, or in international cases where formal proof of parentage is required. The affidavit must comply with Belgian Civil Code requirements and include comprehensive details about the parties involved, the circumstances leading to legitimation, and supporting evidence. It requires proper notarization and may need to be registered with civil status authorities. The document plays a vital role in ensuring legal certainty regarding family relationships and can have significant implications for inheritance rights, nationality claims, and other legal matters.
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1. Title and Declaration: Formal title of the document and opening declaration stating this is an affidavit made under oath
2. Affiant Information: Full legal name, residence, and identification details of the person making the affidavit
3. Child Information: Complete details of the child being legitimated, including full name, date and place of birth, and current legal status
4. Parental Information: Details of both parents, including full names, dates of birth, and current marital status
5. Statement of Facts: Chronological presentation of relevant facts supporting the legitimation, including marriage details if applicable
6. Legal Basis: Reference to relevant Belgian laws and legal grounds for legitimation
7. Declaration of Truth: Formal statement affirming that all information provided is true and correct
8. Execution Block: Space for signature, date, and notary attestation
1. Additional Witness Statements: Supplementary declarations from witnesses who can attest to the facts, used when additional verification is needed
2. Previous Marriage History: Details of any previous marriages of the parents, included when relevant to establishing the legitimation claim
3. Consent Statements: Written consent from other parties (e.g., current spouse, adult child), included when required by specific circumstances
4. Foreign Law Compliance: Additional statements regarding compliance with foreign laws, included when there are international elements
1. Birth Certificate: Certified copy of the child's birth certificate
2. Marriage Certificate: If parents are married, certified copy of their marriage certificate
3. Identity Documents: Copies of identification documents for all parties involved
4. Supporting Documentation: Any additional documents supporting the legitimation claim (e.g., DNA test results, court orders)
5. Translations: Certified translations of any documents not in French, Dutch, or German
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