Paternity lawsuit

A paternity lawsuit establishes the legal bond between a child born outside marriage and the father by court decision. The action is brought by the mother and the child against the father or, if deceased, his heirs.

The statute creates a presumption in the claimant's favour: sexual relations with the mother during the statutorily defined period before birth are presumed to establish paternity. In practice the decisive evidence is scientific testing; the parties must submit to the examinations needed to determine filiation, and unjustified refusal may be weighed against the refusing party.

Upon success, filiation is deemed established from birth: the child becomes the father's legal heir and child support may be claimed. The mother may additionally claim birth expenses and the other financial rights listed by statute. Even where the time limits have passed, filing remains possible where circumstances justify the delay.