How the establishing of paternity and maternity is performed

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When determining paternity the Family Law starts from the conception that the father of the child is the spouse of the mother if the child is born during the duration of the marriage or within 300 days after the termination of the marriage. If the child wasn’t born in a marriage (out of wedlock paternity) then the father of a child born out of wedlock shall be a person that will acknowledge the child as his. The paternity can be admitted before the registry office, the Center for social work and Court.

The authority before which the recognition is given is obliged, without delay, to submit the record of the recognition of paternity to the registry office responsible for the registration of the child in the birth registry. The acknowledgment of paternity can also be done with a will.

Other ways of affirming the paternity can be made ​​through a proxy so that the authorization must be certified and contain explicit authorization of the proxy to provide statement of paternity recognition of a particular child born to a particular mother.

The Law explicitly clarifies who can acknowledge a child born out of wedlock, and that is any adult who is a capable fit-for-work person, as well as a minor if he is more than 16 years old, and a person with limited working capacity, if he is able to grasp the content and the meaning of the statement of paternity recognition.

The recognition of paternity generates legal effects and is registered in the Birth Registry only if the child’s mother, who is notified of this by the registry office, agrees. The statement for consent of acknowledgment of paternity is provided by the mother within 30 days after the receipt of notice. When the mother is not alive or is missing or limited or incapable of work, the statement is provided by a guardian of the child with the approval of the Centre for Social Work.

So in order to accomplish the whole procedure of acknowledgment of paternity, a relevant will is required from the father, the mother and the child. If the mother of the child and the child who is more than 16 years old, or the guardian of the child, don’t express their opinion within 30 days after the receipt of notice, the person who acknowledged the child can complain in order to establish that he is the father of the child.

The statement for acknowledgement of fatherhood, as well as the mother’s and the child’s statement for compliance with the acknowledged fatherhood, cannot be revoked, except in cases when it was induced by duress or was given due to fraud or delusion.

When acknowledging motherhood, the law refers to the application which regulates the fatherhood.



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