Private International family Law
Recognition of Foreign Acts and Judgments
The recognition of foreign acts and judgments is generally automatic in Belgium, except in certain cases. This recognition can be requested either from the competent civil registrar or before the courts.
Rectification of Civil Status Acts and Registers
Some Belgian or foreign documents may contain errors that need to be corrected. Rectifications of civil status documents or registers can be requested, depending on the case and under certain conditions, either from the municipal administration or before the courts.
Marriage and Legal Cohabitation
Marriage and legal cohabitation are two procedures that allow a couple to formalise their union under certain conditions with the competent civil registrar, and their rights and obligations differ.
Parentage (Recognition, Establishment and Contestation)
Several procedures exist to establish or remove a parentage link concerning a child. This may involve prenatal or postnatal recognition, a contestation procedure, or an establishment procedure. One must then contact the municipal administration, the competent diplomatic post, or the courts.
Surrogacy
When a child is born abroad as a result of a surrogacy process initiated by a Belgian couple or a couple residing in Belgium, the dual parentage must be recognised in Belgium. The couple can approach their local administration or the relevant diplomatic post. In case of refusal, they will need to take the matter to the Belgian courts.
Adoption, kEfala and guardianship
There are different legal avenues to establish parental authority and custody of a child, ranging from full or simple adoption to Belgian or foreign guardianship. Accordingly, an application must be submitted to the Belgian courts for ratification in Belgium.
Change of name and surname
A person can request a change of name and/or surname, depending on the circumstances from their local authority or diplomatic post, the SPF Justice, or the courts.
Divorce by mutual consent
Spouses can divorce amicably and fully organise the terms of their divorce in an agreement submitted to the court. Factors such as the nationality of the spouses may be taken into account to determine the jurisdiction and applicable laws.