Child by another man during marriage

Who can dispute paternity and in what terms?

During the marriage between Sonia and Peter, Ivo and Ina were born, and he still did not know that he was sterile. Now the two children are 5 and 7 years old. His doubts arose at a time when a blood transfusion was necessary for the child Ina. Then he realized that the child's blood type was different from that of both parents. Then, through a DNA paternity test, it was established that Peter was not the father of both children. He immediately took legal action to dispute paternity.

Who can dispute paternity and in what terms?

(1) The husband of the mother may dispute that he is the father of the child by proving that he could not have been conceived by him. This claim can be filed up to the expiration of one year from the knowledge of the birth. If the circumstances disproving paternity are known later for reasons beyond the control of the claimant, the claim may be brought within one year of the knowledge of these circumstances, but no later than the child's coming of age. The court decides the dispute taking into account the interest of the child.

(2) The mother can contest that her husband is the father of the child by proving that he could not have been conceived by him. This claim can be made up to one year after birth.

(3) In the case under Art. 61, para. 2, if the second husband's paternity dispute is upheld, the first husband is considered the father of the child. The first husband and the mother may file a claim to dispute paternity within one year of learning of the decision, but no later than three years after its entry into force.

(4) The child may dispute paternity from the age of fourteen until one year after reaching the age of majority.

(5) A third person who claims to be the child's biological father may contest paternity up to one year after learning of the birth. This claim must be combined with a claim to establish origin. The court decides the dispute taking into account the interest of the child.

(6) Paternity cannot be disputed when the child was born under the conditions of assisted reproduction, if the mother's husband has given informed written consent for it to be carried out.

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Attorney at law Iuila Danova

#3, Dobrotica Str., Varna, Bulgaria

Mob: +359 895 64 59 40

WWW: advokatvarna.com

Email: iulia.danova@abv.bg