The Affidavit of Legitimation is a crucial legal document in Austrian family law, primarily utilized when there is a need to formally establish or confirm a child's legitimate status. This document becomes necessary in various situations, such as when parents marry after the birth of their child, when seeking to establish inheritance rights, or when requiring official recognition of family relationships for legal or administrative purposes. The affidavit must comply with Austrian legal requirements, particularly the provisions of the ABGB (Austrian Civil Code) and relevant EU regulations when international recognition is needed. The document contains detailed information about the child, parents, and circumstances of legitimation, and must be properly notarized and registered with appropriate authorities. It serves as an official record that can be used for various legal and administrative purposes, both within Austria and, when properly authenticated, internationally.
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1. Title and Venue: Formal title of the document and jurisdiction information
2. Declarant Information: Full legal name and personal details of the person making the affidavit
3. Oath Statement: Formal statement confirming the truth of the contents under penalty of perjury
4. Child Information: Details of the child including full name, date and place of birth
5. Parents Information: Full details of both parents including their current marital status
6. Facts of Legitimation: Detailed circumstances leading to legitimation (e.g., subsequent marriage of parents)
7. Legal Basis: Reference to relevant Austrian laws supporting the legitimation
8. Prayer/Request: Formal request for recognition of legitimation
9. Verification: Declarant's signature and date
10. Notarial Certificate: Official notarization section including notary's seal and signature
1. Additional Witness Statement: Used when additional testimony is required to support the facts stated
2. International Recognition Request: Include when the affidavit needs to be recognized in other countries
3. Previous Court Orders: Required when referring to existing court orders affecting the child's status
4. Consent of Other Parent: Include when the other parent's explicit consent is required or provided
5. Translation Certificate: Required when the document needs to be used in non-German speaking jurisdictions
1. Birth Certificate: Certified copy of the child's original birth certificate
2. Marriage Certificate: If legitimation is based on subsequent marriage, copy of parents' marriage certificate
3. Identity Documents: Copies of parents' identification documents
4. Supporting Affidavits: Any additional sworn statements from witnesses or other relevant parties
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