Denying paternity in Poland. It is not my child.

Denying paternity in Poland may seem to be quite complecated as you need to comply with deadlines and procedures provided by the Polish law.

As practically every claim, also denying paternity in Poland is time-limited.

Denying paternity in Poland – when?

The husband of the child’ mother may file a pettition for denying paternity in Poland within six months from the moment he got to know that his wife has given birth to a child. It results from art. 63 of the Family and Guardianship Code. Assuming that the husband and wife live together, it will be a period of six months from the date of birth of the child. It may happen that the couple does not live together and remains in a formal relationship but does not decide to apply for divorce. In this situation, the husband of the child’ mother will have to prove that he did not know about the birth of the child or that he got to know about it with delay.

In Poland, if a child is born during a marriage, the husband is presumed to be its father. This is pursuant to art. 62 § 1 of the Family and Guardianship Code. The presumption rule is valid 300 days after the termination or annulemt of the marriage, too. The principle of presumption of paternity is not valid in the case of legal separation.

Who can deny paternity in Poland?

Legal action can be brought by the alleged father. The alleged father sues both the child and its mother. Legal action for denying paternity in Poland can be brought by child’ mother, too. She sues both her husband and the child. The child may bring an action for denying paternity in Poland, too. Children can do it when they come of age and for the period of three years.

Denying paternity in Poland many years later

What can do the husband of the child’ mother if he finds out after many years that he is most likely not the father of the child he has been bringing up and financially supporting?

The solution might be art. 86 of the Family and Guardianship Code, according to which the legal action for denial of paternity in Poland might also be brought by the prosecutor. The prosecutor is not bound by any deadline, i.e. the expiration of the six-months-period is not relevant.  However, there is a not so small „but”. The prosecutor is to uphold the ebservance of the law. The prosecutor neither represents the child not the father not the aleged father.

Based on art. 7, the prosecutor can initiate proceedings in case it is required by law and order, citizens’ rights or public interest. The prosecutor may refuse to initiate proceedings for denial of paternity. This may happen if she or he would consider it to be for example contrary social interest.

Submitting an application to the prosecutor’ office

While submitting your application to the prosecutor’ office, one should substanitate that he is not the biological father of the child. DNA test result should be enough to do so. In addition, you should use arguments that would support the positive decision of the prosecutor to initiate the proceeding to deny one’ paternity. You should formulate your  arguments from prosecutor’ point of view and not from father’ mother’ or child’ point of view.

Denyig paternity in Poland – when is it not possible?

Its is not possible after the death of the child or when the child was conceived as a result of a medical procedure. This assuming that the father of the child has consented for the procedure.