Poland: Paternity In Poland And Denial Of Paternity

I. Paternity in Poland

There are three ways to establish paternity / confirm paternity in Poland:

• First – by application so called "period of presumption of paternity" of the mother's husband,
• Second – by the acknowledgment of paternity as an act – a declaration by made the father and
• Third – by establishment of paternity as a result of a court ruling.

Each of these ways are mutually exclusive, which means that paternity is established in the next way when the paternity established earlier has been disproved.

II. Denial of paternity in Poland – mother's husband

According to Polish law, if a child was born during the marriage or before the expiry of three hundred days from divorce, it is presumed to come from the mother's husband. In this case, the father's consent is not needed to enter him as the father in the child's birth certificate. This presumption does not apply if the child was born more than three hundred days after the date of formal separation. It should be emphasized that the presumption of paternity of the mother's husband exists regardless of whether the spouses are cohabiting or de facto separated (separation that has not been ruled by the court).

III. Establishment of paternity by court in Poland

One way to establish paternity in Poland is through the court procedure. It should be emphasized that the child's mother cannot record the father's details on the child's birth certificate without his consent expressed before the Civil Registry Office in Poland. In the absence of the father's consent, the establishment of paternity can only be done before the custody court.

1. What is the presumption of paternity of a child out of marriage in Poland?

Under Polish law, there is a presumption that a man who had intercourse with the child's mother not earlier than on the three hundredths and not later than on the one hundred and eighty-first day before the child's birth is a biological father of a child. The other presumption concerns the situation of a child born as a result of partner donation in a medically assisted procreation procedure – the biological father is a man who was the donor of a germ cell in.

2. What must be proven to establish paternity in Poland?

To establish paternity, it is necessary to prove the biological paternity of the child, so that the mother and alleged father had cohabitation during the conception period. As an evidence photo, videos, messages etc. may be used. The most valuable evidence to in court case to establish paternity is a DNA test.

3. Who can file a suit to establish paternity in Poland?

A lawsuit to establish paternity in Poland can be filed by the child (through the legal representative if minor), the child's mother, the alleged father of the child, and the public prosecutor.

4. What is the deadline to file a paternity lawsuit in Poland?

An application to establish paternity is time-limited for the mother and the alleged father, they can bring the action until the child reaches the age of 18 years old. On the other hand, there is no statutory deadline to take a legal action to establish paternity by the child and the public prosecutor.

5. How to defend yourself against a lawsuit to establish paternity in Poland?

To prove the non-paternity of a child requires evidence showing with a high degree of probability that the man is not the father of the child or that the fatherhood of the other man is more probable. This can be evidenced by blood group tests or DNA tests. It should be proved using e.g. messages, photos, videos detective report, man's sexual incapacity attestation, plane tickets, witnesses (to prove e.g. absence of the man during conception period).

6. What is useful evidence during the court establishment of paternity in Poland?

DNA testing is the most reliable in this process, it is recommended to use a private DNA test result to support the lawsuit. The testimonies of the parties and witnesses can be helpful evidence. This serves to confirm that the parties lived in a civil partnership or whether the mother of the child may have cohabited with other men during the conception period.

7. Can private DNA tests be used in court paternity case in Poland?

Yes. The result of a private DNA test can be used in court – most often as preliminary evidence. The court may order an additional DNA tests.

IV. Maintenance obligation in connection with the establishment of paternity

The father has a maintenance legally binding obligation towards his child only if his paternity has been officially established. There are, however, a few exceptions to this rule:

• the mother can file at court a request to determine child support even if the father is not registered in a birth certificate, but she must at the same time, in the same proceedings, request to establish his paternity and submit appropriate evidence,
• the mother and alleged father may determine the maintenance amount amicably by a private out of court agreement or though the court or mediation proceeding.

1. How can I reduce the amount of maintenance in Poland?

Maintenance amount in Poland is determined based on financial abilities of the parents, child's needs and parents' standard of living. To reduce the maintenance amount, it is necessary to prove at court your financial situation – that you cannot afford to pay high amount and your standard of living – to show average reasonable costs of covering child's needs at the same standard as yours.

In the event of a change in circumstances, an amendment to the maintenance judgment or agreement may be requested. A change in circumstances may be related to the financial situation and needs of both – the child who is entitled and the parent who is obliged to provide maintenance. In case there is no agreement between the parents, to change the amount of support, it is necessary to initiate the separate court proceeding to reduce maintenance.

2. Does the father have to support financially the mother in Poland?

The father, who is not the mother's husband, is under an obligation to cover in the appropriate share the expenses of:

- pregnancy,

- childbirth and

- costs of three months' maintenance of the mother during the period of childbirth.

If, as a result of the pregnancy or childbirth, the mother has incurred other necessary expenses or special property losses, she may demand that the father pay an appropriate part of these expenses or losses.

V. Paternity recognition before the Civil Registry Office in Poland

Paternity is recognized when the man from whom the child descends declares before the head of the Civil Registry Office that he is the child's father. The child's mother has to confirm his paternity at the same time or within three months of the man's declaration.

Paternity may be acknowledged:

• only of a child to whom there has been no presumption of descent from the mother's husband or

when paternity has been denied,

• where no proceedings to establish paternity are pending before a court,
• when the child is a minor,
• before the birth of a child already conceived.

The declaration necessary for the recognition of paternity may be made by person who has reached the age of 16 and has not attained his majority and there are no grounds for his total incapacitation.

VI. Legal consequences related to paternity in Poland

From the moment of the acknowledgment of the child, the father gains parental authority over the child. In addition, the child becomes a successor and acquires the right of statutory inheritance from the father and is entitled to a lawful share. Furthermore, from that moment the father has a maintenance obligation towards the child, in which case the father is obliged to pay for the maintenance and upbringing of the child.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.