Establishing paternity: what is important to know?
Legal relationships between a child and their parents are formally established once paternity is legally recognized. For children born within marriage, paternity is generally assumed based on legal presumptions. However, in cases where the parents are not married, paternity must either be voluntarily acknowledged by the father or legally determined through judicial proceedings. Disputes may arise when the alleged father refuses to acknowledge the child or questions biological paternity. In such instances, paternity must be established through the court process.
In paternity cases, DNA testing is often the key piece of evidence, providing an objective and reliable means of confirming biological parentage. While DNA results carry significant weight, the man may still challenge the results or attempt to delay the process. Nevertheless, a court’s ruling in this regard is final and binding. Once paternity is established, the father becomes legally responsible for the child, which includes obligations such as child support (alimony), participation in the child’s upbringing, and conferring inheritance rights to the child.
Typically, paternity proceedings are initiated by the child’s mother or on behalf of the minor, particularly when paternity has not been officially recognized in the civil registry. The case must be filed with the court, accompanied by the child’s birth certificate, the mother’s statement, and other supporting evidence such as financial contributions or proof of familial ties. If the defendant denies paternity, the court may order a DNA test to resolve the matter.
It is essential to note that child support can be requested prior to the formal establishment of paternity. Courts may grant temporary support pending the outcome of the case. Once paternity is confirmed, retroactive child support may be awarded, typically covering up to three years.
From a legal standpoint, the establishment of paternity entitles the child to bear the father’s surname, gain inheritance rights, and develop a legal relationship with the father. In the event of separation, the law ensures that the child has the right to maintain contact with both parents, irrespective of their living arrangements.
Paternity proceedings are significant not only when a man refuses to acknowledge a child, but also in other situations. For instance, when a child is born to an unmarried mother and paternity has not been formally declared, it must be established through the court. Alternatively, if a child is born during a marriage but the biological father is not the mother’s husband, the husband is presumed to be the father under law. In such cases, the initial paternity must be legally contested before the biological father can be recognized.
Paternity can also be established if the biological father wishes to acknowledge the child, but another individual is already listed as the father on the birth certificate. In such instances, the current record must be contested in court before the correct paternity can be legally recognized.
Additionally, the law allows for the establishment of paternity for a deceased individual, but this is only applicable if the individual has descendants and the paternity determination affects inheritance or other legal rights.
These provisions are outlined in Article 3.146 of the Civil Code of the Republic of Lithuania.
Given the complexity and unique nature of each case, it is crucial to prepare thoroughly, gather all necessary evidence, and consult a family law expert, particularly when the circumstances are complicated.
The paternity establishment process is vital for ensuring legal clarity and, most importantly, protecting the child’s best interests—securing financial support, inheritance rights, access to both parents, and a clear legal identity.
