Paternity can be established either by acknowledgment of paternity or by court decision. The need to establish paternity will arise when there is no presumption that the father of the child is the mother's husband, or when such a presumption has been rebutted.<\/p>\n\n\n\n
Acknowledgment of paternity occurs when the man from whom the child descends declares before the head of the civil registry office that he is the child's father, and the child's mother confirms simultaneously or within three months from the date of the man's declaration that the child's father is that man. Acknowledgment of paternity cannot take place if a paternity case is pending. Paternity can also be acknowledged even before the birth of a child already conceived. Acknowledgment of paternity is the most common and simplest way to establish the origin of a child.<\/p>\n\n\n\n
Acknowledgment of paternity can be made only until the child reaches the age of majority. The statement necessary for the acknowledgment of paternity can be made only by a person who has reached the age of sixteen and against whom there are no grounds for total incapacitation.
If a man, after the declaration of acknowledgment of paternity, learned that the child did not come from him, he may, within six months from the date of knowledge of this information, bring an action to determine the ineffectiveness of the acknowledgment. If the acknowledgment of paternity occurred before the birth of a child already conceived, the time limit cannot begin to run before the child is born.<\/p>\n\n\n\n
The right to demand the determination of the ineffectiveness of an acknowledgment of paternity is also vested in the mother of the child who has confirmed paternity. The mother of the child may demand the determination of the ineffectiveness of the acknowledgment on the same grounds and within the same time limit as the man demanding the determination of the ineffectiveness of the acknowledgment. The factual basis for such a demand will be the acquisition of knowledge that the child did not come from the man who acknowledged paternity. Thus, the child's mother should prove that the man who acknowledged the paternity of her child is in fact not his biological father.<\/p>\n\n\n\n
An action to establish the ineffectiveness of an acknowledgment of paternity cannot be brought by either the child's mother or the man who acknowledged paternity after the child has reached the age of majority. Once the child reaches the age of majority, only the child will have standing to bring an action to establish the ineffectiveness of an acknowledgment of paternity, but only within three years of reaching that age.<\/p>\n\n\n\n
Judicial determination of paternity usually occurs when, at the time of the child's birth, the child's parents are not in a relationship, are in conflict with each other, or for other reasons do not maintain contact, and previously, the legal situation of their child has not been settled. The right to bring an action to establish paternity is vested in the child, the child's mother and the child's presumed father, with the proviso, however, that the mother and the presumed father may not bring such a claim after the child's death or after the child has reached the age of majority. Either the child or the mother shall bring an action to establish paternity against the presumed father, or, if the presumed father is dead, against the guardian appointed by the guardianship court. The alleged father of the child brings an action to establish paternity against the child and the mother, and when the mother is dead - against the child.<\/p>\n\n\n\n
According to current regulations, the father of a child is presumed to be the one who had intercourse with the child's mother not earlier than the three hundredth and not later than the one hundred eighty-first day before the child's birth, or the one who was the donor of a reproductive cell in the case of a child born as a result of partner donation in a medically assisted procreation procedure. The circumstance that the mother also had intercourse with another man during this period can be a basis for rebutting the presumption only if the circumstances show that the paternity of another man is more likely.<\/p>\n\n\n\n
If the welfare of the child or the protection of the public interest so requires, an action to establish or deny paternity and to determine the ineffectiveness of an acknowledgment of paternity may also be brought by the prosecutor.<\/p>\n\n\n\n
Establishing the paternity of a man involves the emergence on his part of parental authority over the child. Admittedly, if the best interests of the child require it, the court in the judgment establishing paternity may rule on the suspension, restriction or termination of parental authority of one or both parents. Establishment of paternity is also the basis for claiming child support from the child's father.<\/strong><\/p>\n\n\n\n If paternity has been established by acknowledgment, the child shall bear the surname indicated in the parents' concordant declarations, made simultaneously with the declarations necessary for acknowledgment of paternity. The parents may designate the surname of one of them or a surname formed by combining the surname of the mother with that of the child's father. If the parents have not made consensual declarations on the child's name, the child shall bear a surname consisting of the mother's surname and the father's surname attached to it. To change the surname of a child who has already reached the age of thirteen at the time of recognition, his consent is required.<\/p>\n\n\n\n If paternity is judicially established, it is the court that gives the child's name in the judgment establishing paternity, applying the above rules accordingly. If the child has reached the age of thirteen, his consent is required to change his name.<\/p>","protected":false},"excerpt":{"rendered":" Paternity can be established both by acknowledgment and by court decision. Each of these forms is governed by different rules, deadlines and legal consequences. When is an acknowledgment of paternity possible, and when is a court proceeding necessary, and what rights result from it? About it in the article.<\/p>","protected":false},"author":2,"featured_media":941,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[26],"tags":[27,28],"class_list":["post-1045","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-stosunki-rodzinne","tag-ojcostwo","tag-rodzina"],"yoast_head":"\n