Recognition and contestation of maternal and paternal descent
Recognition and contestation of maternal and paternal descent
Recognition is a common way of establishing a child's parentage. Every parent has the right to recognize their child, conceived children, deceased children who have left descendants can also be recognized. Recognition is a unilateral, personal, formal, extrajudicial act by which the mother or father declares that a child originates from him . For the declaration of will to be valid, the parent must be legally competent.
The descent from the mother
It is determined by the birth of the child. The woman who gave birth to the child is also considered to be the child's mother, including in the case of assisted reproduction.
The descent from the mother, which is established by a birth certificate, can be challenged by a claim brought by:
1. the child;
2. the woman named in the act as mother;
3. her husband;
4. the woman who claims to be the mother of the child;
5. the man who claims that the child was born by his wife.
The mother's husband, the husband of the woman disputing the origin, as well as the child, are also called as parties to the case.
It should be borne in mind that the origin of the woman who gave birth to the child in assisted reproduction cannot be contested on this basis.
Descent from the father
The child who was born during the marriage or before the expiration of three hundred days from its termination, is considered to be the father of the mother's husband. If the child was born before three hundred days have passed since the termination of the marriage, but after the mother entered into a new marriage, the father of the child is considered to be the husband from the new marriage. These principles also apply when the child was born under the conditions of assisted reproduction by
The principles do not apply if:
- there is a declared absence of the spouse and the child was born after the expiration of three hundred days from the date of the last notification of the spouse, or in the case of the declared death of the spouse, - the child was born after the expiration of three hundred days from the date of the alleged death.
Claims to dispute paternity are limited in time with a term:
1. The mother's husband can dispute that he is the father of the child if he proves that it could not have been conceived by him. This claim can be filed up to the expiration of one year from the knowledge of the birth. If the circumstances disproving paternity are known later for reasons beyond the control of the claimant, the claim may be brought within one year of the knowledge of these circumstances, but no later than the child's coming of age. The court decides the dispute taking into account the interest of the child.
2. The mother can dispute that her husband is the father of the child by proving that it could not have been conceived by him. This claim can be filed up to one year after the birth.
3. In cases of a second marriage, paternity may be disputed by the mother's second husband. If this challenge is upheld, the first husband will be considered the father of the child. The first husband and the mother are given the opportunity to file a claim to challenge paternity within one year of learning of the decision, but no later than three years after its entry into force.
4. The child may also challenge paternity if he does so within a period of fourteen years to one year of coming of age.
5. A third person who claims to be the child's biological father may contest paternity within one year of learning of the birth. This claim must be combined with a claim to establish origin. The court decides the dispute taking into account the interest of the child.
Attorney at law Iuila Danova
#3, Dobrotica Str., Varna, Bulgaria
Mob: +359 895 64 59 40
WWW: advokatvarna.com
Email: iulia.danova@abv.bg