The court may determine the biological father of the child, if paternity is not legally presumed and the biological father has not acknowledged the paternity voluntarily.
If the child’s putative father is deceased, the court can determine paternity despite his death. It is called the determination of the fact of paternity.
exception If a child was born as a result of artificial insemination, the Moldovan law prohibits any request for the determination of paternity of the donor. As well, those who were provided with artificial insemination cannot challenge their paternity over the children born as result of this procedure.
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
- the child’s legal guardian
- the child’s biological father
- the child after reaching the age of majority
No time-limit is established by Moldovan law for a claim in determination of paternity in court.