The Paternity Acknowledgement Affidavit is a fundamental legal instrument in Austrian family law used to establish legal paternity without court proceedings. This document is typically used when parents are not married but wish to formally establish the father's legal relationship with the child. It must comply with Austrian Civil Code (ABGB) requirements and the Civil Status Act, requiring execution before authorized officials. The affidavit includes comprehensive identification of all parties, explicit acknowledgment statements, and creates binding legal obligations regarding child support, custody rights, and inheritance. Once properly executed and registered, it has the same legal effect as a court judgment determining paternity. This document is particularly crucial for ensuring the child's legal rights and can have significant implications for citizenship, inheritance, and social benefits under Austrian law.
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1. Title and Introduction: Official title of the document and date of execution
2. Declarant Information: Full legal name, date of birth, nationality, and current address of the person acknowledging paternity
3. Child Information: Full name, date and place of birth, and current registration status of the child
4. Mother Information: Full legal name, date of birth, and current address of the child's mother
5. Declaration of Paternity: Clear and unequivocal statement acknowledging biological paternity of the child
6. Understanding of Rights and Obligations: Statement confirming understanding of legal rights, responsibilities, and consequences of acknowledgment
7. Declaration of Free Will: Statement confirming the acknowledgment is made voluntarily and without coercion
8. Penalties of Perjury: Statement regarding awareness of legal consequences for false declarations
9. Signature Block: Space for signatures of the declarant, witness(es), and notary public
10. Official Certification: Space for notarial certification and official stamps
1. Consent of Mother: Required when mother's explicit consent is needed for the acknowledgment
2. Consent of Child: Required when the child is over 14 years old under Austrian law
3. Previous Marriage Declaration: Required when the mother was married at the time of birth or conception
4. Genetic Testing Reference: Optional section referring to any DNA testing that supports the declaration
5. Language Interpreter Certification: Required when the declarant needs language interpretation services
6. Guardian Information: Required when either party is a minor or under guardianship
1. Identity Documents: Copies of official identification documents of all parties
2. Birth Certificate: Copy of child's current birth certificate
3. DNA Test Results: If applicable, certified copies of genetic testing results
4. Proof of Address: Recent proof of address for the declarant
5. Translation Certificates: Certified translations of any documents not in German
6. Supporting Court Orders: Any relevant court orders or legal documents affecting the acknowledgment
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