The child’s father refuses to acknowledge paternity

The acknowledgment of paternity is determined on the basis of three conditions:

• a presumption of paternity operating in favor of the mother’s husband

• on the basis of a mutual declaration of the parents at the registry office or before a court

• if paternity was not determined by a mutual declaration of the parents, the child, the mother, or the man claiming to be the father may propose that paternity be determined by a court

In the event that the child’s father does not want to acknowledge paternity, it is possible for you to utilize the third presumption for the acknowledgment of paternity, namely by filing a petition with a court.

Proceedings for the determination of paternity are directly joined with proceedings on the regulation of parental rights and obligations, as well as on the obligation to pay child support.

In the event that a consensus is reached between the parents and they agree on the regulation of parental rights and obligations, the court must take this fact into account as a priority, provided that this agreement does not contradict the law; otherwise, the court shall decide on the regulation itself.

The petition for the determination of paternity must be filed with the district court. “For proceedings in matters of determination of parentage, the court in whose territorial jurisdiction the child has their residence shall have local jurisdiction. If there is no such court, the general court of the mother shall have jurisdiction; otherwise, the general court of the person whose paternity is to be determined or denied shall have jurisdiction.” In the petition, it is necessary to state in particular:

• the identification data of the petitioner /your name, surname, permanent residence, nationality/ as well as the identification data of the respondent, i.e., the father

• it must be clear from the petition what you are seeking; in this case, it is necessary to clearly substantiate the determination of paternity. This means that it is necessary to state the period during which the child was conceived, or, as the case may be, the period during which intimate contact with the respondent persisted.

• the petition must contain the date of execution and the signature of the petitioner

It is necessary to attach the child’s birth certificate to the petition, or, as the case may be, documentary evidence confirming paternity.

The court usually appoints an expert in genetics, who prepares an expert opinion based on the performed DNA tests.

In proceedings pursuant to the Civil Non-Adversarial Procedure Code, the general rule is that no party has the right to the reimbursement of proceedings costs. In proceedings for the determination of paternity, the law contains an exception regarding the payment of proceedings costs. Pursuant to Section 53 of Act No. 161/2015 Coll., the Civil Non-Adversarial Procedure Code: “In proceedings in matters of determination of parentage and in proceedings in matters of notarial deposits, the court may award the reimbursement of proceedings costs to the parties who were successful in the matter, against the parties who were not successful, if this can be justly demanded.” This means that in these proceedings, you could claim the reimbursement of proceedings costs against the child’s father, and in the event of success in the matter, the court may award the reimbursement to you.