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Home PageBlogPetition to establish paternity and claim child maintenance in Poland – template and practical guide

Petition to establish paternity and claim child maintenance in Poland – template and practical guide

AuthorMaria Zarzycka- 19 March 2026
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Petition to establish paternity and claim child maintenance in Poland – template and practical guide

A court application to establish paternity is a procedure that mothers of children born outside marriage face when the father of the child is unwilling or unable to acknowledge paternity voluntarily. A petition to establish paternity can be combined with a simultaneous claim for child maintenance – all in a single set of proceedings, with no court fees. This article explains how the procedure works and what such a petition looks like.

Table of contents

  1. When is a court order establishing paternity necessary?
  2. Who can file the petition?
  3. Which court and is there a fee?
  4. What can be claimed – the scope of the petition
  5. How to calculate the value of the claim
  6. Template petition
  7. What to write in the statement of reasons
  8. FAQ

When is a court order establishing paternity necessary?

Paternity can be established in two ways: by voluntary acknowledgement of paternity by the man, or by court order. Voluntary acknowledgement takes place before the registrar of civil status or before the family court and is the faster, simpler route.

Where, however, a man refuses to acknowledge the child – or where paternity cannot be established in any other way – it is necessary to bring proceedings for a court declaration of paternity under Article 72 of the Family and Guardianship Code (Kodeks rodzinny i opiekuńczy). The court establishes paternity on the basis of the presumption that the father of the child is the man who had sexual intercourse with the mother not earlier than the three-hundredth and not later than the one-hundred-and-eighty-first day before the child’s birth. Where doubt exists, the court may order DNA testing.

Who can file the petition?

Under Article 84 of the Family and Guardianship Code, a petition to establish paternity may be brought by the child or by the child’s mother. In practice, the most common approach is for the minor child to act as claimant, represented by the mother. The mother may also bring the claim in her own name, but a petition brought on behalf of the child is the more typical route.

The respondent is the man whose paternity is to be established.

Which court and is there a fee?

The competent court is the family and juvenile division of the district court (sąd rejonowy, wydział rodzinny i nieletnich). A particularly favourable jurisdiction rule gives the claimant a choice: the petition may be filed either with the court for the respondent’s place of residence or with the court for the claimant’s place of residence. The claimant decides which court will hear the case.

A petition to establish paternity and claim maintenance is exempt from court fees. This is an important point – many mothers who are concerned about costs are unaware that no fee is payable when filing such a claim.

What can be claimed – the scope of the petition

A petition to establish paternity can – and generally should – include several claims simultaneously.

Establishment of paternity is the primary claim. The court declares that the respondent is the father of the specific child.

The child being given the father’s surname – this claim can be made alongside the establishment of paternity.

A ruling on parental authority – the court may vest parental authority in both parents or restrict the father’s authority, depending on the circumstances.

Child maintenance (Article 133 § 1 of the Family and Guardianship Code) – the father’s maintenance obligation arises from the moment of the child’s birth, not from the date of the judgment. The court may award maintenance with retrospective effect.

Costs of the layette and the mother’s maintenance (Article 141 of the Family and Guardianship Code) – the mother of a child born outside marriage may claim from the father reimbursement of expenditure connected with the pregnancy and birth, and the costs of her maintenance for three months around the time of the birth. In justified cases this period may be extended.

Immediate enforceability in respect of the maintenance and layette claims – this allows enforcement to begin before the judgment becomes final.

In our experience, many fathers are unaware that the maintenance obligation can be ordered retrospectively from the date of the child’s birth – and that combining all claims in a single petition is considerably more advantageous than pursuing them separately.

How to calculate the value of the claim

The value of the claim (wartość przedmiotu sporu) in cases involving periodic payments (maintenance) is the total of the payments for one year. Example: where maintenance of PLN 1,000 per month is claimed, the value of the claim is PLN 12,000 (12 × PLN 1,000).

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 of the minor) residing at: _______________________________ PESEL: ______________________________ represented by their mother (full name) residing at: _______________________________ PESEL: ______________________________

Respondent: (full name) residing at: _______________________________ PESEL: ______________________________

Value of the claim: _______ PLN

Petition to establish paternity and claim child maintenance

Acting on behalf of the minor (full name) and in my own name, I apply for:

  1. A declaration that the respondent (full name), born on _____________ in _____________, is the father of the minor claimant (full name), born on _____________ in _____________, son/daughter of (mother’s full name), whose birth certificate no. _____________ was drawn up at the Registry Office in _____________;

  2. The minor (first name) to be given the father’s surname _____________;

  3. A ruling that the respondent (full name) shall / shall not hold parental authority over the minor claimant (full name);

  4. An order that the respondent (full name) pay the minor claimant (full name) maintenance of PLN _______ per month, payable by the _______ day of each month to the minor’s mother (full name), together with statutory interest for late payment of each instalment, with effect from _____________;

  5. An order that the respondent (full name) pay to the mother of the minor claimant (full name) the sum of PLN _______ together with statutory interest from the date of the judgment until the date of payment – by way of reimbursement of the costs of the layette (Article 141 of the Family and Guardianship Code);

  6. The judgment to be declared immediately enforceable in the part ordering payment of the sums referred to in points 4 and 5;

  7. An order that the respondent pay the claimant’s costs of proceedings in accordance with the applicable scales.

The claimant further applies for:

Examination of the following witnesses at the hearing:

  • (full name), residing at _____________ – to give evidence as to _____________;
  • (full name), residing at _____________ – to give evidence as to _____________.

Statement of reasons

(The statement of reasons should describe the circumstances establishing that the respondent is the father of the child: the child’s date of birth; the fact that the mother and the respondent had sexual intercourse during the conception period; the nature of the relationship between them. Evidence should be identified: witness testimony confirming the existence of the relationship, correspondence, and – where paternity is in doubt – a request for DNA testing. In relation to the maintenance claim: the statement should set out in detail the costs of maintaining the child and the financial and professional circumstances of both parents.)

(signature of the person acting on behalf of the minor claimant)

Attachments:

  • copy of the petition and attachments (for service on the respondent);
  • full certified copy of the child’s birth certificate;
  • salary certificate or evidence of income;
  • any other documents referred to in the body of the petition.

What to write in the statement of reasons

The statement of reasons in a paternity case must achieve two things simultaneously. First, it must make it plausible that the respondent is the child’s father. Second, it must justify the amount of maintenance claimed.

On paternity: describe when and in what circumstances the child’s mother was in a relationship with the respondent; that sexual intercourse occurred during the conception period; and that during that period the mother was not in a relationship with any other man. Identify the evidence – witness testimony confirming the relationship, correspondence between the parties. Where paternity is in doubt, apply for DNA testing.

On maintenance: set out in detail the costs of maintaining the child – the share of housing costs attributable to the child, food, clothing, healthcare, extra-curricular activities, school supplies. Describe the mother’s professional and financial situation and – to the extent known – the father’s situation as well.

FAQ

Does a paternity petition require a court fee? No – a petition to establish paternity and claim maintenance is exempt from court fees.

Who can file a petition to establish paternity? The petition may be brought by the child’s mother or by the child itself (acting through the mother as legal representative). The respondent is the man whose paternity is to be established.

Can maintenance be awarded from the date of the child’s birth? Yes. The father’s maintenance obligation arises from the moment of the child’s birth. The court may award maintenance retrospectively – from the date of birth or from the date the petition was filed.

What are the layette costs under Article 141 of the Family and Guardianship Code? Article 141 gives the mother of a child born outside marriage the right to claim from the father reimbursement of expenditure connected with the pregnancy and birth, and the costs of her maintenance for three months around the time of the birth. This claim is independent of the child maintenance claim.

Can the court order DNA testing? Yes – where paternity is in doubt, the court may order genetic (DNA) testing of its own motion or on the application of a party. The results are generally the decisive evidence in the case.

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 respondent is domiciled in Poland, Polish courts will generally have jurisdiction and Polish law applies. The rules on paternity establishment and maintenance described in this article apply regardless of the parties’ nationality. EU Regulation No 4/2009 on maintenance obligations may be relevant where the parties have connections to multiple EU member states. All documents submitted to a Polish court must be in Polish; documents in other languages require a sworn translation.

What happens if the man refuses to submit to DNA testing? The court cannot physically compel a person to submit to DNA testing. However, an unjustified refusal to undergo testing is taken into account by the court when assessing the evidence. In practice, refusal to be tested is typically treated as a strong indication supporting the claim that the respondent is the child’s father.

Questions about establishing paternity or claiming maintenance? 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

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