The procedure for acknowledging a child is the only out-of-court means of establishing its descent from the mother or the father where the parents have not entered into a civil marriage. Either parent may acknowledge their child, but this is most often done by the father.

The consent of the other parent is not required. Only persons with legal capacity, including persons who have reached 16 years of age, may make an acknowledgement. For those under 16, the consent of their guardian is required.

By the acknowledgement, descent is deemed established as from the moment of birth, and not from the date of the acknowledgement.

How Is a Child Acknowledged?

The acknowledgement is made in person – the documents cannot be filed through an authorised representative.

If the acknowledgement is made before the birth certificate is drawn up, an application in the prescribed form is submitted at the medical establishment where the child was born, or before the civil status officer in the municipality of the child's place of birth. If the mother confirms her consent by signing the application, the person making the acknowledgement is entered as a parent on the birth certificate free of charge.

Where the birth certificate has already been drawn up, the following documents are required:

  • An application for acknowledgement where a birth certificate has been drawn up;
  • An express notarised declaration of acknowledgement;
  • A payment receipt for the fee.

The documents are submitted to the municipality of the child's place of birth. The fee varies between BGN 5 and BGN 10 and is determined by the respective municipality.

Notification and Entry

Within a period of 7 days, the officer notifies the acknowledgement to:

  • The other parent, if known;
  • The child, if it has reached 14 years of age;
  • The “Social Assistance” Directorate at the child's current address.

Challenging the acknowledgement may be effected by a written application from the mother, the child (if over 14 years of age) or “Social Assistance” within a period of 3 months. If it is challenged, the person who made the acknowledgement may bring a claim before the court to establish descent.

Challenging the Acknowledgement

If the acknowledgement is challenged by the mother, the child (over 14) or the “Social Assistance” Directorate, a written application must be filed within 3 months of the notification. Otherwise, the person who made the acknowledgement has the right to bring an action to establish descent.

A minor child may challenge the acknowledgement through the courts after reaching the age of majority. The period for bringing a claim is 1 year from reaching 18 years of age or from becoming aware of the acknowledgement.

Third parties claiming to be parents (e.g. another man with whom the mother had a relationship) may bring a claim within 1 year of becoming aware of the acknowledgement.

Withdrawal and Annulment of an Acknowledgement

Once made, an acknowledgement cannot be withdrawn. The parent who made the acknowledgement cannot simply renounce the act because of a change in circumstances (for example, after a separation). The only option is for the person who made the acknowledgement to seek a judicial declaration that the acknowledgement is invalid.

Annulment of the acknowledgement is possible in cases of:

  • Mistake – where the couple believed that the man was the father and he acknowledged the child, but the mother had also had contact with another man;
  • Fraud – where the mother knew that the father was someone else but misled the person making the acknowledgement;
  • Duress – if the person making the acknowledgement was coerced.

The time limits for a claim are:

  • 1 year from the date of the acknowledgement in the case of mistake or fraud;
  • 1 year from the cessation of the threat in the case of duress.

Compliance with these time limits is of decisive importance for the success of the claim for annulment of the acknowledgement.

If you need legal advice or representation in connection with the acknowledgement of a child, the establishment of descent or the contesting of paternity, contact us on tel.: 0887550706 or by e-mail: [email protected]