Fraudulent Recognition of a Child: What Is It? What Can the Victim Do? What Are the Possible Penalties?
What is fraudulent child recognition?
- Has the behavior of the child’s father or mother changed since the recognition was accepted by the Civil Registry Officer?
- Before the recognition, was the child’s father or mother living illegally or with an insecure residency status?
- Has the behavior of the father or mother changed since they obtained their residence permit?
If you identify with this situation, you may be a victim of fraudulent child recognition.
Is it punishable?
What risks do perpetrators and accomplices of fraudulent recognitions face?
- A civil conviction: a judge may annul the recognition, which often results in the automatic loss of any Belgian nationality granted to the child.
- Possible withdrawal of the residence permit of the parent who deceived you.
- A criminal conviction : in addition to fines, a judge may impose a prison sentence of up to 5 years. Attempting to commit this offense could result in a sentence of up to 3 years in prison.
Examples of criminal convictions:
- The case of Mr. M.P.A, a Belgian of Congolese origin, who acknowledged two children. In a judgment issued on October 5, 2018, the Court of First Instance of Liège convicted all parties involved, sentencing them to 9 months in prison and a €600 fine.
- The case of Mr. D.L.F, a Belgian of Angolan origin, who recognized children from ten different mothers. On February 19, 2020, the Court of First Instance of Antwerp sentenced him to 5 years in prison and a €10,000 fine. Each of the women involved received a sentence of 18 months in prison and a €1,200 fine.
What can I do?
- Express your concerns to your local municipal administration;
- Notify the Immigration Office of the Federal Public Service Interior via email: reconnaissances [at] ibz.fgov.be (reconnaissances[at]ibz[dot]fgov[dot]be);
- File a complaint with the local police;
- Submit a complaint to the Public Prosecutor’s Office;
- File a complaint with the investigating judge by joining as a civil party;
- Consult a lawyer for legal advice.