Origin of the child
Determining the origin of the child - legal support
Child origin cases involve the establishment or denial of maternity and paternity. These are important proceedings that determine how parental authority and child support obligations are regulated.
Our law firm helps you go through the process step by step.
Child tracing cases are among the most sensitive - because they involve the child's identity and future.
Our task is not only to guide the client through the legal intricacies, but above all to ensure that the entire proceeding takes place with respect for the rights of the child and a sense of security.
Founder of the Firm, Attorney at Law
Motherhood
Establishing paternity has the consequence of granting the father parental authority over the child, as well as creating a child support obligation on his part.
If the birth certificate of a child of unknown parents has been drawn up, or the maternity of the woman listed on the child's birth certificate as the child's mother has been denied, maternity may be claimed.
- A lawsuit can be brought by the child, the mother or the prosecutor
- The case is pending in the guardianship court
When the birth certificate lists a woman who did not give birth to the child, it is possible to deny maternity.
- The lawsuit can be brought by the child, the woman listed on the birth certificate as the mother, the biological mother, the father, or the prosecutor,
- regulations set strict deadlines for bringing a lawsuit.
Fatherhood
Establishing paternity has the consequence of granting the father parental authority over the child, as well as creating a child support obligation on his part.
Highlights:
- Acknowledgment of paternity is possible until the child reaches the age of majority.
- Acknowledgment of paternity cannot take place if there is a paternity case pending.
- Judicial determination of paternity can be requested by the child, the child's mother and the child's alleged father.
- If the child does not come from the man who acknowledged paternity, you can demand that the acknowledgment of paternity be determined ineffective.
- Determination of the ineffectiveness of the acknowledgment of paternity can be claimed by the man who acknowledged paternity, the child and the child's mother.
Paternity can be established in two ways:
- Voluntarily
By acknowledgment of paternity at the registry office, when a man declares that he is the father of the child, and the mother confirms this declaration (also before the birth of the child).
- Judicially
By court order, as part of a paternity case.
Highlights:
- According to the law, the father of a child born in marriage (or up to 300 days after its termination) is presumed to be the mother's husband. If the child comes from another man, a judicial denial of paternity is necessary.
- Paternity can be proven through DNA tests. If they are refused, other evidence can be used, such as indicating a high probability of paternity by another man.
- Denying paternity is not possible when the child was born as a result of a medically assisted procreation procedure to which the mother's husband consented.
Who can file a lawsuit?
- Mother's husband
Within a year from the day he learned that the child did not come from him.
- Mother
Within a year of the day she learned that the child was not from her husband.
- Child
Upon reaching the age of majority, within one year of the day it learned that it was not descended from its mother's husband.
Why our law firm
Specialization in family cases
We have been exclusively handling family and divorce cases for 10+ years.
Individual strategy
Every case is different, so we peel off solutions for your goals and realistic possibilities.
Transparent collaboration process
You always know what is going on, you are prepared and informed.
You gain peace of mind, support and time
We take over the paperwork and the burden of negotiations so you can focus on yourself, your loved ones and your future.
How do we help in practice?
The support of an attorney will reduce your involvement and give you the confidence that your case is being taken care of by a professional.
- Preparation of pleadings
- Representation in court at every stage of the proceedings
- Advice on alimony and parental authority
FAQ
Everything you need to know about: origin of the child in the context of the law
Every family case is different. That's why we take an individual approach to your situation, explain the possible solutions and help you choose the one that will best protect the interests of the child and your rights.
Who is the mother of the child under the law?
The mother of a child is always the woman who gave birth to it.
Can maternity entered on a birth certificate be challenged?
Yes. If the birth certificate lists a woman who did not give birth to the child, it is possible to bring an action to deny maternity.
What is an acknowledgment of paternity and when can it be made?
It is a declaration by a man before the registry office that he is the child's father - confirmed by the mother. It can be made from the moment of conception until the child comes of age.
Can paternity be acknowledged even before the child is born?
Yes, acknowledgment of paternity is possible already during the mother's pregnancy.
Who can apply for judicial determination of paternity?
The child, the mother or the alleged father. In exceptional cases - also the prosecutor.
What are the legal implications of establishing paternity?
The father acquires parental authority over the child, the child can bear his surname, the father has a child support obligation to the child.
What is paternity denial based on?
This is a rebuttal of the presumption that if a child is born during the marriage or before three hundred days after its termination or annulment, it is assumed to be from the mother's husband.
Within what time limit can a paternity denial be requested?
The mother's husband may bring an action to deny paternity within one year from the date on which he learned that the child did not come from him, but no later than the date on which the child came of age. Similarly, the Mother may bring an action to deny the paternity of her husband within one year from the date on which she learned that the child did not come from him, but no later than the date on which the child came of age.
Can a child claim paternity denial?
Yes, but only after reaching the age of majority and only within one year from the day it learned that it was not descended from its mother's husband.
What evidence is crucial in a paternity denial case?
The most effective proof will be DNA testing, which will confirm or exclude consanguinity.
Is paternity denial possible after IVF?
No. If the mother's husband consented to the procedure, denial of paternity cannot be claimed.
For more information, see our Guide:
