Paternity proceedings
If persons with legal interest claim the presumed father is not the biological father of the child or want to prove who the biological father is, they can challenge or determine paternity in court.
Paternity proceedings are carried out in a court of general jurisdiction (civil court). According to Non-Contentious Civil Procedure Act, paternity proceedings can be initiated by:
- the mother
- the father who does not consider himself the biological father
- the person who considers himself the child’s biological father
- the child
If necessary, when establishing paternity, the court also decides on the custody and upbringing of the child, the child’s maintenance and parental access rights.
Application for determination of paternity in court
Procedure and time-limits
Paternity can be determined by bringing a claim to a court of general jurisdiction (civil court). The claim can be brought by:
- the child’s mother within one year after the birth of the child or within one year from the day on which she became aware of the circumstances decisive for bringing the claim
- the child’s biological father within one year from the day he voluntarily acknowledged paternity, but the mother would not give consent
- the child’s biological father within one year from the day on which he became aware of the circumstances from which he presumes to be the child’s father
- the child after reaching the age of majority within five years from the day on which he/she became aware of the circumstances decisive for bringing the claim
Challenging paternity in court
If there is doubt the presumed or acknowledged father is actually the biological father of the child, paternity can be challenged in court.
Procedure and time-limits
Paternity can be challenged by bringing a claim to a court of general jurisdiction (civil court). The claim can be brought by:
- the child’s father within one year from the day on which he became aware of the circumstances that make him doubt his paternity
- mother within one year from the day on which she became aware of the circumstances that make her doubt paternity
- the child after reaching the age of majority within five years from the day on which he/she became aware of the circumstances that make him/her doubt paternity
- the person who believes he is the child’s father may challenge paternity as long as he also brings a claim to determine he is the biological father, all that within one year from the day on which he became aware of the circumstances that make him believe he is the father