In various branches of law, the term “presumption” is widely used, which essentially means “an assumption that is considered true until proven otherwise.” In particular, in family law, the concept of “presumption of paternity” is widely applied in matters of establishing parentage between fathers and children.
Presumption of paternity is a legal assertion that the father of a child born during a marriage or within 300 days after its dissolution is automatically recorded as the mother’s husband (or former husband), unless proven otherwise. This rule is established in the Family Code of Greek legislation, Article 1465.
Recognition of a child can be carried out in two ways:
a) voluntarily, by drafting the appropriate notarial act or will
b) establishing paternity through judicial procedure
The right to contest paternity according to the Family Code belongs to:
- the mother’s husband
- the mother within 5 years from the child’s birth, or the child’s father’s parents (in case of his death)
- the child as a minor; this right expires one year after reaching adulthood
According to Article 1473 of the Family Code, children born out of wedlock have all the rights of a child born within a marriage.
Challenging paternity is carried out by the personally interested party or their representative.
