According to family law, the spouse of the mother (or former spouse) is recognized as the father of a child born in marriage or within three hundred days after its dissolution.
Proof of the origin of children from specific parents, according to Art. 47 SK, is an entry made in the birth record book in the prescribed manner. However, it is possible to challenge paternity (maternity), which is carried out in court. The situations in which this happens can be different. But, as a rule, they arise in connection with the obligation to support the child. In addition, the latter has the right to inheritance.
The entry made may be challenged not only by the father or mother of the child. This right may be exercised by the guardians or guardians of the child, the guardians of parents recognized as legally incompetent. As well as persons who are actually the mother or father of the child. In addition, the child himself has such a right, who at the time of appeal to the court has reached the age of majority.
Challenging paternity and litigation is carried out on the basis of a statement of claim from the above persons. In this case, the statute of limitations is not established in the legislation. The application must necessarily contain information about the moment when the actual marriage relationship was terminated between the spouses, or the time from which they live separately. You must also provide:
- documents that confirm the fact that the biological father is another person;
- birth certificate (copy) of the child;
- state duty receipt.
How to prove paternity in court?
The process takes into account any evidence provided by the parties that confirms the origin of the child. This can be witness testimonies, videos, photographs, letters, a medical card confirming the infertility of a man, etc. Often, a method of establishing paternity, such as DNA testing, is used. However, it is expensive and does not give a one hundred percent guarantee, therefore, it is not resorted to in all cases. Moreover, it is often not used, because the defendant often tries to avoid it under various pretexts. The court must consider all evidence together. He needs to establish the correspondence of the entry made about parents, to find out who is the biological father and mother of the child. A decision made by a court entails legal consequences.
The challenge of paternity will not be satisfied:
- if at the time of making the record the man knew that in fact the father of the child is not;
- if the consent to implantation of the embryo or the use of artificial insemination has been given in writing;
- if the challenge of paternity has arisen in respect of a child born and born by a surrogate mother, after making an entry by agreement of all interested parties.
These provisions are prescribed in the legislation in connection with the need to protect the interests of the child. It is believed that, in deciding on the formalization of paternity, all possible legal consequences were taken into account, and an arbitrary change in one's will should not be allowed.
Since contesting paternity is a rather complicated process that requires collecting the necessary documents, writing a statement of claim, protecting your rights in court, it is advisable to contact lawyers who provide professional representation services. Of course, these services are often expensive, so you need to proceed from your capabilities, as well as the chances of success. Perhaps it makes sense to contact a lawyer only to receive assistance in drawing up a statement of claim or only at a court session.