Establishing paternity – procedure, claim and evidence

Establishing paternity – procedure, claim and evidence

Establishing paternity is a procedure that makes it possible to clearly determine who the child's father is. This is crucial not only for maintenance, but also for inheritance, the child's surname and contact with the parent.

In practice, paternity cases often involve emotions and uncertainty about the next steps. In this article, I explain what the procedure looks like, who can file a claim to establish paternity and what evidence matters most.

What does establishing paternity involve?

Establishing paternity means legally confirming who the child's father is.

Court proceedings are necessary primarily when:

• the child was born outside marriage,
• paternity was not acknowledged at the civil registry office,
• there are doubts about the child's parentage.

It is worth remembering that under Polish law there is a presumption that the child's father is the mother's husband if the child was born during the marriage or within 300 days of its termination. In other situations, formal establishment of paternity is required.

Who can file a claim to establish paternity?

A claim to establish paternity may be filed by:

• the child's mother,
• the alleged father,
• the child — after reaching adulthood or through a statutory representative,
• the prosecutor — if required by the child's welfare or the public interest.

Importantly:

• the mother and the alleged father may file a claim to establish paternity only until the child reaches adulthood,
• the child may seek establishment of paternity at any time.

What do court proceedings look like?

The proceedings begin by filing a claim with the district court — family division — competent for the child's place of residence.

During the case, the court:

• analyzes the evidence presented,
• hears the parties and witnesses,
• often orders DNA testing,
• issues a judgment establishing paternity.

In a claim to establish paternity, you may also request:

• awarding maintenance,
• regulating parental authority,
• determining contact with the child.

How long does establishing paternity take?

The duration of the proceedings depends on the complexity of the case.

Most often:

• a few months — in uncontested cases,
• longer — when doubts or conflicts between the parties arise.

The length of the proceedings is affected, among other things, by the need to conduct DNA testing and by the number of participants in the case.

Key evidence: DNA testing

The most important evidence in paternity cases is a DNA test.

• its accuracy exceeds 99.9%,
• it is widely recognized by courts,
• in practice, it often determines the outcome of the case.

If the test result is clear, the court generally bases its decision on it.

It is worth knowing that:

• refusal to undergo testing may be assessed by the court to that person's disadvantage,
• the test may be carried out using biological samples, for example a cheek swab.

What are the effects of establishing paternity?

A final establishment of paternity has important legal effects:

• a maintenance obligation arises,
• the child acquires the right to inherit from the father,
• it becomes possible to regulate parental authority and contact,
• the child acquires the right to the father's surname.

Can paternity be established before the child is born?

Yes. Polish law allows paternity to be established during pregnancy.

Most often, this is done through acknowledgment of paternity before the head of the civil registry office. This makes it possible to regulate the child's legal situation earlier.

How much does establishing paternity cost?

This is one of the most frequently asked questions.

• a claim to establish paternity is generally exempt from court fees,
• the cost of DNA testing usually ranges from several hundred to several thousand PLN,
• attorney's fees may also arise.

Is it worth using an attorney's assistance?

Paternity cases often seem simple, but in practice they can be complicated — especially when a dispute arises between the parties.

An attorney's assistance helps to:

• properly prepare a claim to establish paternity,
• select appropriate evidence,
• protect the interests of the child or parent,
• conduct the proceedings efficiently.

Summary

Establishing paternity is a key proceeding that affects the child's legal situation on many levels — from maintenance to inheritance.

If you have doubts about your situation or plan to file a claim to establish paternity, it is worth consulting an attorney and preparing properly for the case.

The content is for informational purposes only and does not constitute legal advice in any specific case.