Recognition of a Child Born Out of Wedlock – Rights, Legal Relations, and Procedures

In modern social conditions, the existence of a child born out of wedlock is now common. The legal recognition of this child by the father is a decisive act for the child’s legal status and rights. The recognition process is not merely a formal declaration but involves various consequences both for the child and for the relationship between the parents.

What is considered a child born out of wedlock?
A child is considered born out of wedlock when:
– The mother was not married nor in a civil partnership at the time of birth,
– Less than 300 days have passed since the dissolution or annulment of a previous marriage or civil partnership,
– The child was born from a void marriage,
– Paternity has been legally challenged with a final court decision.

Who exercises parental custody?
By presumption, the mother has exclusive parental custody when the child is born without prior marriage or recognition. If the father voluntarily or judicially recognizes the child, he gains joint custody and may seek custody or visitation rights if the parents do not cohabit. These arrangements follow the model for divorced parents through court decisions or agreements.

When does the presumption of paternity apply?
Presumption of paternity applies only if there is a marriage:
– If the birth occurs during marriage or within 300 days after its dissolution, the husband is considered the father.
– If the mother remarries within those 300 days, the second husband is presumed the father unless paternity is successfully challenged.

Marriage after the child’s birth alone does not create presumption of paternity. Voluntary or judicial recognition is also required.

How is the child recognized?
A) Voluntary Recognition
The father can recognize the child before a notary with the mother’s consent. If the mother is deceased or legally incapable, consent is not required. Similarly, if the father is deceased or incapacitated, his parents (the child’s grandparents) can recognize the child. Recognition is irrevocable, without time limits or conditions.

B) Judicial Recognition by the Father
If the mother refuses consent, the father can apply to court. If sexual intercourse at the time of conception is proven, there is strong presumption of paternity. The father’s ascendants have the same right if the father is deceased or incapacitated.

Recognition through Lawsuit by the Mother or Child
If the father refuses to recognize the child:
– The mother can file a paternity recognition lawsuit within 5 years of birth.
– The child has the same right within 1 year of reaching adulthood.

Recognition of a child born out of wedlock requires a blend of legal sensitivity and technical precision. Proper legal support ensures family stability and full protection of the child’s rights, regardless of the parents’ marital status.

Aikaterini Panagiota
Lawyer