Instytucja zaprzeczenia ojcostwa – między teorią a praktyką w prawie polskim

Katarzyna Daniel

The writing of this article was undertaken due to cases of denying paternity that the author had come across in her previous work in a law firm. The time for a man to bring an action to deny paternity or to determine the ineffectiveness of paternity recognition is extremely short and amounts to 6 months. In addition, after its expiry, the only option from the father’s perspective is to bring an action by the prosecutor, who de facto does not have to accede to the man’s request and may refuse this action. However, in none of these cases is the determination of the biological bond between father and child yet determined. If the child’s mother consents to DNA tests that explicitly exclude paternity, the courts issue judgments in accordance with the demands of the man considered to be the father, but if there is no such consent, the situation gets complicated. The author undertook an analysis of cases in which mothers or minors from the age of 13 do not agree to biological tests. This makes it very difficult to deny paternity, and in many cases makes it impossible for men to assert their rights.

denial of paternity, family law, Polish jurisprudence, the Constitutional Tribunal, the European Court of Human Rights