Paternity Recognition and Challenge: What You Need to Know

Paternity recognition is governed by Articles 1465 and 1466 of the Greek Civil Code. According to Article 1465, paternity recognition is the legal process through which a father of a child born out of wedlock formally declares that he is the biological parent. In Greece, there is a presumption of paternity for children born during the mother's marriage or within 300 days of its dissolution or annulment. The husband is automatically considered the father. However, for children born out of wedlock, the father must recognize the child to be legally considered a parent.

1. What is the Paternity Recognition Process?

The paternity recognition process requires the consent of both the father and the mother. The declaration is made before a notary or via a will and is irrevocable. If the mother is deceased or legally incompetent, the father may proceed alone. In certain cases, such as after the father's death, recognition may be performed by the grandparents. Once recognized, the child gains the full rights and obligations of a child born within a marriage.

2. Paternity Challenge: What it Means and When it Happens

A paternity challenge refers to the legal process by which someone contests the paternity of a child. According to Article 1465 of the Civil Code, when a child is born during a marriage, the husband is presumed to be the father. However, there are situations where this can be disputed, such as if it is proven that the mother did not conceive with her husband or that conception was impossible due to absence or incapacity.

3. Examples of Paternity Challenges

• Example 1: A man may challenge paternity if it is proven that the mother had a permanent relationship with another man during the conception period.
• Example 2: In cases of artificial insemination, if the husband did not consent, he may challenge the paternity of the child.

4. Statistical Data

Paternity challenges have increased by 15% over the past five years in Greece. Similarly, in countries like France and Germany, cases have seen a rise of around 20%. The growing accessibility of DNA tests has contributed to this trend.

5. Time Limits for Challenging Paternity

• The husband can challenge paternity within one year of learning about the birth and the facts proving he is not the father. After five years from the child's birth, the right is forfeited.
• The child can challenge paternity within one year of becoming an adult.
• The husband's parents may challenge paternity within one year of his death.

6. Conclusions

Fathers must be aware of their rights and responsibilities concerning paternity recognition and challenges. Seeking legal advice is essential, especially when facing disputes.