If a child is born within a marriage, 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 Civil Code, paternity proceedings can be initiated by:
- the mother or her husband
- the person who considers himself the child’s biological father
- the child at the age of majority
Conditions and time limits
Generally, according to the Civil Code, there is no time limit for paternity procedures. Parenthood can be challenged within one year of learning of the relevant information.