Petition to contest paternity in Poland – template and practical guide
Petition to contest paternity in Poland – template and practical guide
Contesting paternity is a court procedure that allows the legal presumption that the mother’s husband is the father of a child born during the marriage to be rebutted. It is a sensitive matter that requires careful preparation – both legally and in terms of evidence. This article explains what the procedure involves and what such a petition looks like.
Table of contents
- What is the paternity presumption and when can it be rebutted?
- Who can bring a claim to contest paternity?
- Time limits – strict deadlines that cannot be extended
- Which court handles the case and what does it cost?
- Template petition
- What to write in the statement of reasons
- FAQ
What is the paternity presumption and when can it be rebutted?
Under Article 62 of the Family and Guardianship Code (Kodeks rodzinny i opiekuńczy), where a child is born during the marriage or within three hundred days of its dissolution or annulment, it is presumed that the child descends from the mother’s husband. This presumption operates by operation of law – no action is required to establish it.
Where, however, the presumption does not reflect the biological reality, Polish law provides for it to be rebutted through court proceedings. The burden of rebutting the presumption rests on the claimant, who must demonstrate that the mother’s husband is not the child’s biological father. The most effective evidence in such cases is DNA testing, though courts also accept other evidence – witness testimony, correspondence, and documents confirming the impossibility of paternity (for example, proof of the husband’s presence abroad during the conception period).
Who can bring a claim to contest paternity?
Three parties may bring a claim to contest paternity.
The mother’s husband (Article 63 of the Family and Guardianship Code) – the most common case. The husband may bring a claim against the child and the mother.
The mother – may bring a claim against her husband and the child, where she seeks to rebut the presumption that her spouse is the father.
The child (Article 69 of the Family and Guardianship Code) – after reaching the age of majority, the child may independently bring a claim to contest the paternity of the mother’s husband.
The public prosecutor – may bring a claim where the child’s welfare or the public interest so requires.
In every case where the child is a minor and a respondent in the proceedings, the court appoints a procedural guardian (kurator procesowy) to represent the child’s interests in the case.
Time limits – strict deadlines that cannot be extended
The time limits for bringing a claim to contest paternity are strict (terminy zawite) – once they expire, the right to bring the claim is lost and cannot be restored.
The mother’s husband may bring a claim within one year of learning that his wife had given birth – but not after the child reaches the age of 18 (Article 63 of the Family and Guardianship Code).
The mother may bring a claim within one year of the child’s birth.
The child may bring a claim within one year,. (Article 69 of the Family and Guardianship Code).
In our experience, missing the applicable deadline is one of the most common reasons for a paternity contest claim being dismissed. If you have any doubt about how the deadline applies to your situation, do not delay in seeking legal advice.
Which court handles the case and what does it cost?
The competent court is the family and juvenile division of the district court (sąd rejonowy, wydział rodzinny i nieletnich). Territorial jurisdiction is determined by the respondent’s place of residence. Where the respondents live in different places, the claimant may choose between the courts competent for each respondent.
The court fee is PLN 200.
The petition must be filed in three copies – one for the court, one for each respondent, and one for the public prosecutor, who must be notified of all proceedings concerning a child’s parentage.
Template petition
Poznań, _____________ [date]
District Court Poznań-Stare Miasto in Poznań Family and Juvenile Division IV ul. Młyńska 1a 61-729 Poznań
Claimant: (full name) residing at: _______________________________ PESEL: ______________________________
Respondents:
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(full name of the minor) residing at: _______________________________ PESEL: ______________________________
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(full name of the child’s mother) residing at: _______________________________ PESEL: ______________________________
Court fee: PLN 200
Petition to contest paternity
Acting on my own behalf, I apply for:
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A declaration that the respondent (full name of child), born in _____________ on _____________ to (mother’s full name), is not the son/daughter of (claimant’s full name), born in _____________ on _____________;
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Appointment of a procedural guardian for the minor respondent (full name) for the purposes of these proceedings;
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Admission and taking of evidence from the following documents:
- (description of document) – to establish the fact of _____________;
- (description of document) – to establish the fact of _____________;
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Admission and taking of evidence from the testimony of the following witnesses:
- (full name), residing at _____________ – to give evidence as to _____________;
- (full name), residing at _____________ – to give evidence as to _____________;
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Admission and taking of evidence from the examination of the parties – to establish the fact of _____________;
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An order that the respondents pay the claimant’s costs of proceedings in accordance with the applicable scales.
In accordance with Article 187 § 1 point 3 of the Code of Civil Procedure, I declare that the parties have / have not attempted mediation or other out-of-court resolution of the dispute.
Statement of reasons
(The statement of reasons should describe the circumstances indicating that the claimant is not the child’s biological father. It should identify the facts establishing the impossibility or improbability of paternity – for example, the absence of sexual intercourse during the conception period, presence abroad during that period, or DNA test results. Every assertion should be supported by appropriate evidence.)
(signature of the claimant)
Attachments:
- 3 copies of the petition and attachments (2 for the respondents and 1 for the public prosecutor);
- proof of payment of the court fee (PLN 200);
- full certified copy of the child’s birth certificate;
- any other documents referred to in the body of the petition.
What to write in the statement of reasons
The statement of reasons must persuasively establish that the claimant is not the child’s biological father. The court assesses the credibility of the assertions on the basis of the overall body of evidence.
It is worth describing: the absence or impossibility of sexual intercourse during the conception period (from the three-hundredth to the one-hundred-and-eighty-first day before the child’s birth); facts confirming the impossibility of paternity (presence abroad, illness, separation); DNA test results – where testing has already been carried out before the petition was filed; and any other circumstances undermining the paternity presumption.
Where DNA testing has not yet been carried out, an application may be made for the court to order it in the course of the proceedings.
FAQ
Who can bring a claim to contest paternity in Poland? The mother’s husband, the child’s mother, the child itself after reaching the age of 18, and the public prosecutor. Each party has a different time limit for bringing the claim.
What is the time limit for filing the petition? The mother’s husband has six months from learning that his wife gave birth – subject to a maximum of the child reaching the age of 18. The child has three years from reaching the age of majority. These are strict time limits – once they expire, the right to bring the claim is lost.
Is DNA testing required? It is not formally required, but in practice it is the most effective evidence. The court may order DNA testing of its own motion or on the application of a party.
How much does the proceedings cost? The court fee for the petition is PLN 200. Additional costs may include DNA testing (where ordered) and any legal representation fees.
Why must the petition be filed in three copies? One copy is for the court, one for each respondent (the child and the mother), and one for the public prosecutor – who is a mandatory participant in all proceedings concerning a child’s parentage.
I am a foreign national – do these rules apply to my situation in Poland? Yes. Where the child is habitually resident in Poland or the proceedings are otherwise connected with Poland, Polish courts may have jurisdiction and Polish law may govern the question of paternity. EU Regulation Brussels IIb (2019/1111) and national private international law rules determine jurisdiction and applicable law in cross-border cases. Where the paternity presumption arises from a marriage contracted abroad, additional complexity may arise. Legal advice on the specific cross-border situation is strongly recommended before any proceedings are initiated.
What happens to child maintenance if paternity is successfully contested? Where the court finds that the claimant is not the child’s biological father, the legal parent-child relationship between them ceases. This means the former presumed father is no longer obliged to pay child maintenance going forward. Questions about any maintenance already paid may arise separately. The court does not address these consequences automatically in the paternity contest proceedings – separate applications may be needed.
Questions about contesting paternity or want to discuss your situation? Call: +48 531 335 713 or email: kancelaria@prawnikodrozwodu.pl
This article is for general informational purposes only and does not constitute legal advice. Every family law case is individual and requires analysis of the specific facts and documents involved. The law firm accepts no liability for actions taken on the basis of the information contained in this article. For advice tailored to your situation, please contact our office.
Kancelaria Prawa Rodzinnego (Family Law Office): Adwokat Michalina Koligot, Adwokat Marta Krzyżanowicz, Adwokat Anna Konrady, Radca prawny Joanna Jędrzejewska ul. Mickiewicza 18a/3, 60-834 Poznań | tel. +48 531 335 713 | kancelaria@prawnikodrozwodu.pl | www.prawnikodrozwodu.pl