Challenge of Paternity in Greece
Challenge of paternity in Greece of a child is a complex and often emotionally painful legal process for all involved parties. It involves several legal nuances and concepts that may be unclear to those without legal training. This article offers a concise overview of the most important aspects of the procedure, helping clarify the applicable legal framework in Greece.
- The Presumption of Paternity
According to the Greek Civil Code, a child born during a marriage, or within three hundred (300) days after the dissolution or annulment of the marriage, is presumed to have the mother’s husband as the father (Article 1465 of the Civil Code). This legal presumption initially governs the issue of paternity for a child born within a marriage or shortly thereafter.
But what happens when this presumption does not align with biological reality? What if the biological and actual father of the child is not the presumed one? For both legal and moral reasons, the right to a challenge of paternity has been established, which may be exercised by filing a lawsuit before the competent courts.
- Persons Entitled to File a Paternity Challenge in Greece and Deadlines
To avoid the perpetuation of uncertainty in such a sensitive matter, the Civil Code sets strict deadlines for filing a challenge of paternity, depending on the identity of the person initiating the action:
A. The mother’s husband (presumed father) (Article 1469(1) Civil Code):
– 1 year from becoming aware of the birth, and in any case no later than 5 years from the birth (Article 1470(1)).
B. The parents of the mother’s husband (if he dies without exercising the right):
– 1 year from becoming aware of their son’s death and the child’s birth (Article 1470(2)).
C. The child:
– 1 year from reaching the age of majority (Article 1470(3)).
D. The mother:
– 1 year from birth or 6 months from the dissolution of the marriage, if there was a serious reason during the marriage (Article 1470(4)).
E. The man who had a stable intimate relationship with the mother during separation from her husband (“the lover”):
– 2 years from the child’s birth (Article 1470(5)).
- The Institution of the Special Guardian
Because the child is typically a minor and cannot appear in court either as plaintiff or defendant in a challenge of paternity in Greece, legal representation is usually undertaken by the legal guardian, typically the mother. However, due to the unique nature of such cases, there may be a conflict of interest when the same person represents both sides. For instance, if the mother files a paternity challenge lawsuit, the child (as defendant) must be represented by her — even though she is also the plaintiff. This creates an illogical and procedurally invalid situation where the mother is essentially suing herself.
To resolve this issue, the legislator has provided for the appointment of a special guardian upon request, who will represent the minor in such proceedings (Articles 1517 and 1592 of the Civil Code).
- Legal Consequences of the Challenge of Paternity in Greece
If the court accepts the challenge of paternity in Greece, several direct and indirect legal consequences arise, the most significant of which are:
A. The legal bond between the presumed father and the child is retroactively severed from the time of the child’s birth.
B. If the case is initiated by the mother’s lover, the court decision is deemed equivalent to recognition of the child by the biological father (Article 1472 Civil Code). In all other cases, the child is considered “of unknown paternity” and must be voluntarily recognized by the biological father (Articles 1475 and 1476 Civil Code).
C. Establishing the biological father-child relationship triggers a chain of new legal rights for the child, such as maintenance (alimony) and inheritance rights — often crucial for the child’s well-being and legal status.
The relevant Civil Code provisions (Articles 1465 §1, 1467, 1470 §1) state that a child born during a marriage or within 300 days of its dissolution is presumed to be the child of the mother’s husband. This presumption may be judicially challenged if it’s proven that conception did not occur with the husband due to reasons such as impotence, absence, or lack of relations.
According to transitional Article 67 of Law 1329/1983, applicable from 18 February 1983, the child’s status is assessed under the law in force at the time of birth, but a challenge of paternity must follow the current law. A husband may file a paternity challenge only if, under the previous law, his right had not yet expired (e.g., within one year of learning of the birth), in order to prevent the reopening of cases resolved under the old system (Supreme Court Decision 1020/1986).
Additionally, under Articles 255, 257, and 279 of the Civil Code, the deadline for filing a paternity challenge may be suspended if the claimant was unable to act due to force majeure or was prevented by the other party’s fraudulent conduct. In such cases, the limitation period resumes after the suspension but never concludes in less than six months (e.g., Supreme Court Decisions 429/2016, 1387/2015).
For expert legal assistance regarding a Challenge of Paternity in Greece, contact the best family law attorneys in Greece at Economou & Economou Law Office in Athens — named the Best Law Office in Greece by Lawzana. Reach us at econlaw@live.com, call us at (+30) 2103603824, or fill out our contact form.
If you’re facing a Challenge of Paternity in Greece or seeking to defend one, our legal team has the experience, speed, and discretion to assist you. Learn more about your rights and options under Greek law with our guidance