Convention on legitimation by marriage

Parties with reservations, declarations and objections

Party	Reservations / Declarations	Objections
Austria	Yes	No
France	Yes	No
Germany	Yes	No
Greece	Yes	No
Italy	Yes	No
Netherlands, the Kingdom of the	Yes	No
Switzerland	Yes	No
Türkiye	Yes	No

Austria

28-04-1975

The Republic of Austria declares, pursuant to article 2, that it reserves the right to refuse to treat the legitimation as valid:
(a) if it is established that the child is not in fact the child of the persons who have legitimated him or her;
(b) if the marriage was celebrated on Austrian territory and Austrian law does not recognise the validity thereof;
(c) if an Austrian national was a party to the marriage and Austrian law does not recognise the validity thereof.

France

09-01-1976

The provisions of the convention are applicable to the whole of the territory of the French Republic.

Germany

10-09-1970

The Federal Republic of Germany declares, pursuant to article 2 (a) and (b), that it reserves the right to refuse to treat the legitimation as valid:
(a) if it is established that the child is not in fact the child of the persons who have legitimated him or her, but only where the absence of such a relationship is established either by a German judicial decision or by a foreign judicial decision which can be recognised in Germany;
(b) if, under German law, the marriage of the German national is non-existent.

Greece

22-01-1987

The Hellenic Republic declares, pursuant to article 2, that it reserves the right to refuse to treat the legitimation as valid:
(a) if it is established that the child is not in fact the child of the persons who have legitimated him or her;
(b) if the marriage was celebrated on Greek territory and Greek law does not recognise the validity thereof;
(c) if an Greek national was a party to the marriage and Greek law does not recognise the validity thereof.

Italy

06-08-1978

The Italian Republic declares, pursuant to article 13, that it does not undertake to apply the provisions of section I of this convention.

Netherlands, the Kingdom of the

10-09-1970

As regards the Kingdom of the Netherlands, in view of the equality that exists from the public-law perspective between the Netherlands and the Netherlands Antilles, the terms 'metropolitan territory' and 'extra-metropolitan territories', used in the text of the convention, signify 'European territories' and 'non-European territories'.

01-07-1977

... a legitimation complying with the domestic-law provisions of the national law of the father or mother will nevertheless not be treated as valid in the Netherlands and the Netherlands Antilles if one of the parties to the marriage having the effect of legitimation is a Dutch national and if, in the relevant territory of the Kingdom, that marriage was not celebrated before a civil registrar, or if, in a foreign country, that marriage was not celebrated in accordance with the law of that country.

05-10-2010

With regard to the Kingdom of the Netherlands, the terms "metropolitan territories" and "non-metropolitan territories" used in the text of the Convention, will, in view of the relation from the point of view of public law between the European part of the Netherlands, Aruba, Curaçao, Sint Maarten and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba), consequently be deemed to mean “European territory” and "non-European territories”.

Switzerland

10-09-1970

The Swiss Confederation declares, under article 2, that it reserves the right not to consider a legitimation as valid:
(a) If it is established that the child was not born of the persons who legitimated it;
(b) If Swiss law does not recognize the validity of the marriage celebrated in Swiss territory;
(c) If Swiss law does not recognize the validity of the marriage of a Swiss national.

Türkiye

10-09-1970

The Republic of Turkey declares, under article 2 (a), (b) and (c), that it reserves the right not to consider the legitimation as valid:
(a) If it is established that the child was not born of the persons who legitimated it;
(b) If Turkish law does not recognize the validity of the marriage held in Turkish territory;
(c) If Turkish law does not recognize the validity of the marriage of a Turkish national.