Legal presumptions of determination of the paternity
- If the child was born during the period from entrance into the marriage to the lapse of the three hundredth day after the extinction of the marriage or after declaration of its invalidity, the mother’s spouse is presumed to be the father.
- If the child is born by a mother that entered into marriage again, the new spouse is presumed to be the father even if the child was born before the lapse of the three hundredth day after her previous marriage ceased to exist or was declared invalid.
- In calculating the time decisive for determination of fatherhood, the marriage of the person who was declared dead is considered to have ceased to exist on the day defined as the day of death in the declaration of death.
Otherwise, the presumption of fatherhood shall point to the man whose fatherhood was determined by a consent declaration of parents done before the register office or before court.
Declaration of a minor parent about fatherhood must be always done before court.
The mother’s declaration is not necessary if she can not consider the importance of her conduct or if gaining of her declaration is obstructed by an impediment that can hardly be overridden.
The consent declaration of parents may determine fatherhood even of a child that is not yet born if it has already be conceived.
The presumption of fatherhood shall point to the man who had sexual intercourse with the child’s mother at the moment from that no less than one hundred and sixty (New Civil Code) and no more that three hundred days elapsed to the child’s birth, unless his fatherhood is excluded by significant circumstances.
Petition – denial
The husband may deny his fatherhood before court within six months from the day when he learnt of the fact that his wife bore a child until the six year of the child.
Fatherhood to a child born during the period between the one hundred and eightieth day and the three hundredth day from artificial insemination executed with the consent of the wife’s husband can not be denied. However, the fatherhood can be denied if the petitioner proves that the child’s mother became pregnant otherwise.
If the court has finally and conclusively decided that the new husband is not father of a newly married mother, the six-month denial period of the previous husband shall start running on the day when he learnt about this final and conclusive decision.
The man whose fatherhood was determined by the consent declaration of parents may deny his fatherhood before court only if it s excluded that he could be the father and only within six months from the day when the fatherhood was determined in this way; this period shall not elapse before the lapse of six months from the child’s birth.
In exeptional cases the six year ge limit might be prolonged.
The New Civil Code provisions brings more right and longer time period for the denial so that the cases in which the alleged fathers are paying maintenance for the child whose father is a different men would deminish. The relevant articles are 776-793.