PATERNITY CASE

A paternity suit is a request by the mother or child to the court to determine the legal relationship between the child and the father. The suit is filed against the father, or against his heirs if he is deceased. The paternity suit is notified to the public prosecutor and the Treasury; to the guardian if filed by the mother; and to the mother if filed by the guardian. It is presumed that the defendant had sexual intercourse with the mother between the 300th and 180th day before the child's birth. Even if it occurred outside this period, the same presumption applies if it is determined that the defendant had sexual intercourse with the mother during the period of actual conception. The presumption loses its validity if the defendant proves that it is impossible for him to be the father of the child, or that the probability of a third party being the father is greater than his own.

Establishing Kinship

• The blood relationship between a child and its mother is established at birth.
• The legal relationship between a child and its father is established through marriage to the mother, recognition of paternity, or a court ruling.
• Kinship can also be established through adoption from both parents.

Denial of Paternity

A husband can refute the presumption of paternity by filing a lawsuit to deny paternity. This lawsuit is filed against the mother and child. The child also has the right to sue. The lawsuit is filed against the mother and the husband. The husband must file the lawsuit within one year from the date he learns of the birth and that he is not the father, or that the mother had sexual relations with another man while she was pregnant. The child must file the lawsuit within one year at the latest from the date they reach the age of majority. If the delay is based on a justifiable reason, the one-year period begins to run from the date that reason ceases to exist. If the child is born within three hundred days of the dissolution of the marriage and the mother remarries in the meantime, the husband in the second marriage is considered the father. If this presumption is refuted, the husband in the first marriage is considered the father.

Parties to the Case

The right to file a paternity suit belongs to the mother and the child. If the child is an adult, they can file the suit themselves. The lawsuit is filed against the biological father. If this person has passed away, the lawsuit is filed against their heirs. The fact that the person against whom the lawsuit is filed (the father) is married to someone else does not prevent the lawsuit from being filed.

Statute of Limitations in Paternity Cases

A paternity suit can be filed before or after the child's birth. According to the law, the mother's right to file a lawsuit expires one year after the birth. After this period, the right to file a lawsuit can only be preserved if there are justifiable reasons for the delay. The lawsuit must be filed within one month of the cessation of these reasons.

How to file a paternity suit? What are the scopes of a paternity denial lawsuit? How long do paternity and paternity denial lawsuits take? For more information on paternity suit costs and similar matters, and for other questions, you can consult with our experienced family and inheritance law  attorneys