Child’s origin by mother (maternity) is determined on the basis of the documents proving the fact of the child’s being born from the given mother in the medical institution, and if the child was not born in a medical institution, on the basis of medical documents, statements of witnesses or other proves.
If the child is born from the married persons, the husband of the child’s mother is recognized the child’s father if nothing else is proven. The paternity of the husband of the child’s mother is determined by the state registration of their marriage.
The paternity of the person not married to the child’s mother is determined in the state Civic Status Registration Departments on the basis of the common application of the child’s mother and father.
he determination of paternity towards a person who has attained his/her majority is allowed only with his/her consent, and if the person is recognized incapable by court, with the consent of his/her guardian or the departments of custody and guardianship.
In case of a child being born from unmarried persons, if there is no common application of parents or the father’s application the fact of origin from a certain person (paternity) is determined by the judicial procedure on the basis of the application from correspondingly one of the parents or the mother, the guardian of a child, and after the child attains the majority, on the basis of the application of the latter. In this case the court takes into consideration any prove that definitely states that the given child is of this certain person’s origin.
