Paternity matters

Establishing paternity is a significant legal process that confirms the biological relationship between a father and a child, along with the corresponding rights and obligations. If the father voluntarily acknowledges paternity, this can be done through a simple declaration at a civil registry office. However, when paternity is disputed or one of the parents refuses to acknowledge it, the matter must be addressed through the court process.

In court proceedings, DNA testing serves as a key tool to objectively confirm or deny the biological connection between the child and the father. Beyond this scientific evidence, the court may also take into account other factors, such as the prior shared life between the child and father, financial contributions made towards the child’s upkeep, witness testimonies, and other relevant information that may support the case.

Once paternity is established, additional matters such as child maintenance obligations and visitation rights with the father will also be resolved.

If paternity is determined through a court decision, it becomes binding, and the father is obligated to provide child maintenance (alimony). The court evaluates the child’s needs and the father’s financial capacity to set the appropriate amount of maintenance. Furthermore, if paternity is confirmed after a certain period, the mother can claim maintenance for the past three years.

Our firm offers comprehensive legal services in matters of paternity establishment—ranging from consultations and document preparation to court representation—ensuring legal clarity and safeguarding the child’s interests.

Paternity acknowledgment is the formal recognition of a child’s descent from the father, which establishes mutual rights and obligations between the father and the child. This process is particularly relevant when a child is born to unmarried parents or when the child’s paternity is not automatically presumed by law.

Legislation provides several mechanisms for acknowledging paternity. The simplest method applies when both parents agree on the child’s parentage and submit a joint declaration to the civil registry office. Since 2023, this procedure may also be completed remotely via the Civil Registry and Residential Declaration Information System, offering a simplified and expedited legal process.

In specific cases, notarized confirmation of paternity is required—such as when the child’s mother is deceased or legally incapacitated, when the child is over the age of 10 and does not provide written consent, or when the registration is to take place in a foreign jurisdiction.

If parents are in dispute or other forms of acknowledgment are not possible, legal action may be necessary. Court proceedings may be initiated in situations where the alleged father refuses to acknowledge paternity or if another individual is already recorded as the father on the birth certificate. The court then considers all relevant evidence, including DNA test results, witness statements, and other factual data supporting or disproving the claimed paternal link.

Acknowledging paternity not only confers rights but also imposes obligations—most notably the duty to provide child support. Once paternity is established, the father becomes legally responsible for financial support (alimony), upbringing, and ensuring the child’s rights and interests are protected. In the event of disagreements over support, custody, or residence, these matters may be resolved in court. Additionally, acknowledged paternity affects inheritance rights: the child becomes legally entitled to inherit from the father under statutory succession rules.

Challenging paternity is a legal process aimed at establishing that the person listed as the child’s father in the birth record is not the biological father. This procedure may be initiated either by the man recorded as the father or by the mother and other interested parties, where there are substantiated doubts regarding the child’s biological origin.

Under Lithuanian law, the grounds for challenging paternity must be supported by objective evidence that disproves the legal presumption of paternity—typically, a DNA test. Although genetic evidence plays a central role, courts also take into account other factors, such as whether the man voluntarily acknowledged the child, whether a social and emotional bond exists between the child and the alleged father, and the potential impact that setting aside paternity may have on the child’s well-being.

Strict time limits apply: a claim must be filed within one year from the date the person learned or reasonably should have learned that he is not the child’s biological father. However, the court may allow the time limit to be extended if the applicant proves that there were legitimate reasons for the delay in discovering the truth.

Challenging paternity has direct implications for other legal aspects of the parent-child relationship, such as the duty to provide child support, inheritance rights, and custody or contact arrangements. Once paternity is revoked, not only are family relationships redefined, but the legal obligations toward the child are also affected. However, if no other person is established as the biological father following the challenge, the court may reject the claim—especially when a close emotional bond has been established between the child and the legal father. In such cases, the child’s best interests, including legal certainty, emotional stability, and the right to a parental relationship, take precedence.

Our law firm provides legal consultations and representation in paternity disputes—whether seeking to challenge or to defend legal parentage. We ensure that all actions are guided by the best interests of the child and aim to maintain clarity and stability in legal relationships.