If a child is born within a marriage or within 300 days after it ended, the mother’s husband is presumed to be the child’s father. This is called the presumption of paternity. If there is doubt that the husband is really the child’s biological father, this presumption of paternity may be challenged in court.
example If a married woman is in a relationship with another man and has given birth to his child, her husband can challenge the presumption of his paternity in court.
Challenge in court
Paternity proceedings are carried out in a court of general jurisdiction (civil court). According to the Family Code, paternity proceedings can be initiated by:
- the mother or her husband
- the person who considers himself the child’s biological father
- the child and his/her legal guardian
Conditions and time limits
Generally, paternity proceedings have to be initiated within one year of the day of discovery that the presumed father may not be the child’s biological father. In the case of a person who considers himself to be the biological father, the one-year term is counted from the moment that they found out or should have found out about the challenged paternity records, but in the case of the child – from the day they reach the age of majority.
Other specific conditions on time-limits for bringing paternity proceedings are laid out in the Civil Code.