Three ways
- The presumption of marriage. A child born after the conclusion of the marriage, or within three hundred days after the marriage ended, counts as born in the marriage (article 60 of the Family Code). The origin of the child can be disputed.
- A joint statement. Parents who are not married file a statement to the civil registry office (FHDYo) together (article 61). They can file it during the pregnancy too, if there is a ground to believe that a joint statement after the birth will be difficult.
- Court procedure. If there is no joint statement, one of the parents, the guardian (custodian) of the child, the person who keeps the child as a dependant, or the child on reaching majority applies to the court (article 62).
What the court relies on
Under article 62 of the Family Code, the court takes into account that the mother and the defendant lived together and ran a common household before the birth of the child, that they raised or maintained the child together, or other evidence that confirms with certainty that the defendant acknowledged paternity. Such evidence can include correspondence, witness testimony, and an expert opinion.
What changes
After paternity is established, the child has the same rights and duties towards the parents and their relatives as children born in marriage (article 64): maintenance, inheritance, the surname, and representation.
Practical advice
Under article 95 of the Civil Procedure Code, if a party avoids taking part in the expert examination, the court can treat the fact that the examination was to clarify as established or as refuted.