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ArticlesJune 14, 20240

Establishing paternity of a child born out of wedlock

In cases where the father outside of marriage does not recognize the child, paternity can be established by court decision. The advantages of establishing paternity include, first and foremost, that the father’s name will be included on all civil status documents of the child. Additionally, the child can benefit from maintenance support. The benefits are also familial and psychological, as the father can request custody of the child, spend time with the child, and request the establishment of a visitation schedule.

The action to establish paternity outside of marriage belongs to the child and is initiated by the mother on behalf of the child, even if she is a minor, or by the child’s legal representative. This possibility is regulated by the New Civil Code through Article 425, which states:

“(1) The action to establish paternity outside of marriage belongs to the child and is initiated on their behalf by the mother, even if she is a minor, or by their legal representative.
(2) It can also be initiated or, as the case may be, continued by the child’s heirs, under the conditions of the law.
(3) The action to establish paternity can also be initiated against the heirs of the alleged father.”

It is essential to note the personal nature of this action, considering that this action belongs exclusively to the child. Only if the child is a minor and has not reached the age of 14 can the action to establish paternity be initiated on their behalf by the mother or their legal representative. Thus, if the biological father decides to initiate an action to recognize paternity, it will be dismissed as inadmissible due to the personal nature of the action, as the father lacks active procedural standing in this situation.

Paternity is presumed if it can be proven that the alleged father cohabited with the child’s mother during the conception period. This presumption is rebutted only if the alleged father can prove the contrary, that it is impossible for him to have conceived the child, according to Article 426 of the New Civil Code.

To prove paternity, the following means can be used:
– Witnesses;
– Documents proving the relationship that led to conception;
– Paternity test, which most reliably demonstrates the truth, with medico-legal expertise providing a categorical answer.

The right to the action to establish paternity does not expire during the child’s lifetime, and if the child dies, the action can also be initiated by their heirs within one year from the date of the child’s death (Article 427 of the New Civil Code and Article 423 paragraph (5) of the New Civil Code).

For further information or any additional inquiries, please do not hesitate to contact us:

➡ Phone: (+4) 031 426 0745
📧 Email: office@grecupartners.ro

We are here to assist and provide legal support for all your needs. We look forward to discussing with you.

Bianca Dan – Attorney at Law

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