When a child is born out of wedlock, the law provides the father the possibility to voluntarily recognize the child, while also granting the mother the right, under certain conditions, to request judicial recognition of the child\u2019s paternity.<\/p>\n
According to the law, the father may recognize the child as his own provided that the mother consents to this. If the mother is deceased or, due to reasons related to her legal capacity, is unable to give such a declaration, recognition takes place solely by the father\u2019s declaration.<\/p>\n
The aforementioned declaration by the father must be made by a personal notarized statement or through a will, while the mother gives her consent by a personal declaration before a notary.<\/p>\n
Similarly, the child, and in the event of the child\u2019s death, the child\u2019s heirs, have the right to challenge the voluntary recognition on the grounds that the person who declared himself as the father is, in fact, not the biological father. This right is also held by the mother\u2019s parents if the mother was deceased or lacked legal capacity at the time of recognition. The time limit for contesting the recognition is three (3) months from the date the person contesting it became aware of the recognition. Contestation is barred in any case if two (2) years have passed since the recognition or two (2) years after the child\u2019s coming of age, if the child was a minor at the time of recognition.<\/p>\n
Finally, if the father does not voluntarily recognize the child, the mother, as well as the child itself, may seek judicial recognition of paternity by filing a lawsuit. The mother may exercise this right within five (5) years from the birth, and the child within one (1) year from reaching adulthood.<\/p>\n
In case of recognition, the child holds the same rights as if born to parents who were legally married.<\/p>\n","protected":false},"excerpt":{"rendered":"
When a child is born out of wedlock, the law provides the father the possibility to voluntarily recognize the child, while also granting the mother the right, under certain conditions, to request judicial recognition of the child\u2019s paternity. According to the law, the father may recognize the child as his own provided that the mother<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"pgc_meta":"","footnotes":""},"categories":[526],"tags":[],"class_list":["post-5616","post","type-post","status-publish","format-standard","hentry","category-legal-issues-for-individuals"],"rttpg_featured_image_url":null,"rttpg_author":{"display_name":"spiliopouloslaw","author_link":"https:\/\/www.spiliopouloslaw.com\/en\/author\/spiliopouloslaw\/"},"rttpg_comment":0,"rttpg_category":"Legal Issues for Individuals<\/a>","rttpg_excerpt":"When a child is born out of wedlock, the law provides the father the possibility to voluntarily recognize the child, while also granting the mother the right, under certain conditions, to request judicial recognition of the child\u2019s paternity. According to the law, the father may recognize the child as his own provided that the mother","_links":{"self":[{"href":"https:\/\/www.spiliopouloslaw.com\/en\/wp-json\/wp\/v2\/posts\/5616","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.spiliopouloslaw.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.spiliopouloslaw.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.spiliopouloslaw.com\/en\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.spiliopouloslaw.com\/en\/wp-json\/wp\/v2\/comments?post=5616"}],"version-history":[{"count":0,"href":"https:\/\/www.spiliopouloslaw.com\/en\/wp-json\/wp\/v2\/posts\/5616\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.spiliopouloslaw.com\/en\/wp-json\/wp\/v2\/media?parent=5616"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.spiliopouloslaw.com\/en\/wp-json\/wp\/v2\/categories?post=5616"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.spiliopouloslaw.com\/en\/wp-json\/wp\/v2\/tags?post=5616"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}