Legal status of mothers

The woman giving birth to the child shall be considered the mother of that child. If the mother’s person cannot be established, the child may bring action requesting the court to award mother’s status to the person he/she designates. In the event of the child’s death, this right shall accrue upon his/her descendants. An action for establishing maternity by way of judicial process may also be brought by a person who claims to be the mother of the child. If descent results from a reproduction procedure, no action may be brought by a woman who made a donation of gamete or embryo for the procedure.

Exercising the right to bring action

A maternity suit shall be brought by the entitled party in person. A minor of limited legal capacity or any person whose capacity in respect of making legal statements relating to descent has been partially limited shall be entitled to bring action with the consent of his/her legal representative. If the legal representative is unavailable for any extended period of time to give consent, or if refuses to consent, the guardian authority may do so in his stead. If the entitled party is incompetent, the action may be brought in his/her name by the legal representative with the guardian authority’s consent.

Respondents in maternity suits, legal effects of any change in maternity

The action shall be brought by the child or his/her descendant against the mother or the person shown in the registry of births as the mother, or by the mother against the child or the person shown in the registry of births as the mother. If descent results from a reproduction procedure, maternity may not be established by way of judicial process with respect to a woman who made a donation of gamete or embryo for the procedure. If in an action for establishing maternity by way of judicial process any change in maternity status stemming from the woman’s marriage has an effect on the presumption of paternity, the husband who is to be considered the father of the child by way of presumption based on wedlock shall also be named as defendant in the action. If the party against whom the action is to be brought is no longer alive, the guardian ad litem appointed by the court shall be named as the defendant in the action. In the event of any change in maternity, the child shall have the option to decide to take up the name of his/her biological mother or to keep his/her existing surname. In justified cases the court may authorize the child to retain his/her surname. The judgment delivered in a maternity suit applies to all parties involved.

Facts establishing paternity

Paternity is established:

a) by way of wedlock;

b) by way special procedures for the purpose of human reproduction in the case of civil partnerships (hereinafter referred to as „reproduction procedure”);

c) by way of acknowledgement of paternity; or

d) by way of court decision.