By significant amendments to the Family Code, promulgated in the Official Journal No. 103 of 4 December 2020, the conditions and time limits within which paternity may be contested, or a claim may be brought by the biological father to establish paternity, were changed. These amendments result from judgments of the European Court of Human Rights in cases against Bulgaria.

Who is entitled to contest paternity and within what time limits?
The mother

The child’s descent from the mother is indisputable, since she gave birth to the child. Nevertheless, the mother may contest that her husband is the father of the child by proving that conception by him was not possible. This claim may be brought before the court within a period of up to one year from the birth of the child.

The husband or former husband

Under the Family Code, the mother’s husband is deemed to be the father of a child born during the marriage or within 300 days of its dissolution, which is known as the „presumption of paternity“. If the husband has grounds to believe that he is not the father of the child, he may contest paternity by proving the impossibility of conception. The claim must be brought before the regional court within one year of the moment when the husband learned of the birth.

In cases where the husband learned of the child’s birth later, for reasons beyond his control, he may bring a claim contesting paternity within one year of becoming aware of circumstances rebutting paternity. This time limit, however, may not extend beyond the child’s attainment of majority. This amendment was introduced further to the judgment of the European Court of Human Rights in the case of „Doktorov v. Bulgaria“.

It is also important to note that a husband who has given written consent to assisted reproduction is not entitled to contest his paternity after the birth of the child.

The husband from a subsequent marriage

If the child is born before the expiry of 300 days from the dissolution of the mother’s previous marriage, but after entry into a new marriage, the new husband is deemed to be the father. He too may bring a claim contesting paternity if he proves that he cannot be the biological father, by bringing the claim within one year of becoming aware of the birth.

If the court upholds the claim and finds that the new husband is not the father, the former husband is deemed to be the father of the child, provided that the child was born before the expiry of 300 days from the dissolution of the previous marriage. The former husband and the mother are entitled to bring a claim contesting paternity within a period of up to one year from becoming aware of the court’s decision, but no later than three years from its entry into force.

The child

The new amendments grant the child the right to contest paternity from attaining the age of 14, but no later than one year after reaching majority. This right, granted by the amendments to the Family Code, did not exist previously, since the child could not bring such a claim before attaining the age of 18.

Where the claim contesting paternity is brought on behalf of the child, this may be done by an attorney appointed by the mother or by the Child Protection Department, where such a claim is in the child’s interest.

The biological father

Under the new amendments, for the first time a possibility has been introduced for the biological father to contest the paternity of the person entered in the birth certificate as the father of the child. In this way the court recognises the right of the biological father to contest the recorded paternity, rather than dismissing his claims as inadmissible, as was the practice before these amendments, further to the judgment of the European Court of Human Rights in the case of „L.D. and P.K. v. Bulgaria“.

The biological father may bring a claim within one year of becoming aware of the child’s birth. This claim must be joined with a claim to establish the child’s descent, and the court takes the child’s interest into account when reaching its decision.

Court procedure for contesting paternity

The statement of claim contesting paternity is filed with the regional court. The State fee amounts to BGN 80. In the event that a claim to establish descent is filed together with the claim contesting paternity, an additional fee is payable for it.

In contesting paternity, the following persons are obligatorily parties to the case:

  • the mother,
  • the child,
  • the husband or former husband,
  • the person who claims to be the biological father.

The court appoints a special representative (an attorney) for the child in order to protect the child’s interest, since the other parties to the case are the child’s parents. The remuneration of the special representative is determined by the court and is paid by the claimant who brought the claim.

Additional costs in the case relate to the appointment of medical expert examinations. Most often the court requires a blood-group examination and, in certain cases, may also appoint an andrological examination to verify the fertility of the person recorded as the father. In cases of a paternity dispute, DNA analysis may also be required in order to establish the child’s father precisely.

Our team has many years of experience in court cases for contesting paternity and establishing a child’s descent. If you need advice or representation by an attorney in such court proceedings, contact us by e-mail: [email protected] or by telephone 0887550706