If a child is born in the period between the date of entering into marriage and the 300th day after the marriage terminated (through divorce or the death of a spouse) or was declared invalid, or after the mother’s spouse was declared absent, the mother’s spouse is presumed to be the father.
If a child is born to a remarried woman, the new husband is presumed the father, even if the child was born before the 300th day after the previous marriage was terminated or declared invalid.
If a child is born in the period between the initiation of proceedings for divorce and the 300th day after the divorce, and the spouse or the former spouse of the mother declares that he is not the father of the child, while another man claims to be the father of the child, the latter is presumed to be the father if the mother joins both men in a declaration. This declaration is made in court proceedings. A petition can be submitted no later than one year after the birth of the child. Paternity cannot be determined in this way until the decision on divorce comes into force.
If a child conceived through artificial insemination is born to an unmarried woman, the man who gave consent to the artificial insemination is presumed to be the child’s father.
If paternity is not determined through any of the above methods, the man whose paternity has been determined by an affirmative statement of both the mother and the man is presumed to be the father. Paternity in respect of an unborn child may also be determined in this manner if the child has already been conceived. The declaration is made in person before a court or a registry of births, deaths and marriages.
If paternity is not determined through any of the above methods, the mother, child, as well as the man who claims to be the father, may apply to a court to determine paternity. In such a case, the man who had sexual intercourse with the child’s mother in the period from which at least 160 days and no more than 300 days have elapsed until the child’s birth is presumed to be the father, unless their paternity is excluded due to serious circumstances (this can be demonstrated, for example, by a DNA test, the carrying out of which may be ordered by a court).