Doubting paternity? Here’s what you need to know before going to court

Disputes regarding paternity often arise when a man, initially registered as a child’s father, begins to question his biological connection. These doubts may stem from the dissolution of a relationship, newly discovered information, or suspicions about the child’s biological origin. In such circumstances, the critical legal issue is whether it is possible to dispute paternity, and what the legal consequences would be.

Paternity can only be disputed if the individual listed as the father is not the biological parent. To initiate a dispute, a formal claim must be filed with the court. Timing is crucial in such matters. According to the Civil Code of the Republic of Lithuania, a claim to challenge paternity must be submitted within one year from the date the man became aware, or should have reasonably become aware, that he is not the biological father. If this time frame is exceeded, a claim may still be considered if the court finds the delay to be justifiable. Furthermore, once paternity has been legally confirmed by a final court decision, it cannot be contested.

The most important evidence in paternity disputes is typically a DNA test. The court may order this test, or it may be voluntarily agreed upon by both parties. If the child’s mother or the registered father, or their legal representatives, refuse to consent to genetic testing, the court cannot compel them to do so, as it would infringe upon their right to bodily integrity. This principle was clarified by the Supreme Court of Lithuania in its 2019 ruling (civil case No. e3K-3-180-695/2019). The court acknowledged that refusal to undergo a DNA test could be considered as one element in evaluating the truth of paternity claims.

If no genetic test is carried out, the court will consider a variety of evidence, including witness testimony, correspondence, financial records, cohabitation evidence, and other relevant documentation. This comprehensive approach allows the court to determine whether the paternity registration was incorrect or potentially fraudulent.

In principle, paternity can be disputed at any time, but in practice, this depends on the claimant’s ability to explain why the challenge was not made sooner. For instance, if a man initially believed he was the biological father and only later discovered otherwise, this may justify a delayed claim.

If paternity is legally revoked, all legal relationships between the man and the child are terminated: the man is no longer required to pay child support, and the child loses inheritance rights from that individual. However, any child support payments made prior to the revocation are not refunded, as these payments are considered to have been made in the child’s best interest, irrespective of the later paternity determination.

Judicial practice stresses that both biological facts and the child’s best interests must be carefully considered. For example, if no other individual is prepared to acknowledge paternity, the court may decide not to annul the existing paternity registration to ensure the child retains a legal father figure, thereby preserving the child’s legal and social stability.

Furthermore, if a strong emotional bond has developed between the child and the registered father, the court may prioritize that relationship over biological ties. In such cases, even if DNA testing reveals another man to be the biological father, the court may dismiss the paternity dispute, allowing the registered father to maintain his legal status, along with the associated rights and obligations.

If you have serious doubts about the biological paternity of a child and suspect that the current paternity registration is incorrect or based on deceit, it is crucial to seek legal counsel promptly. Initiating the process early provides a better opportunity to safeguard the rights of both the child and the alleged father. Our legal team is ready to provide comprehensive assistance with all matters related to paternity recognition and dispute, from initial consultations to court representation.