If a child is born within a marriage, the mother’s husband is presumed to be the child’s father. This is called the presumption of paternity. If there is doubt that the husband is really the child’s biological father, this presumption of paternity may be challenged in court.
example If a married woman is in a relationship with another man and has given birth to his child, her husband can challenge the presumption of his paternity in court.
Challenge in court
Paternity proceedings are carried out in a court of general jurisdiction (civil court). According to Estonian law, paternity proceedings can be initiated by:
- the mother or her husband
- the person who considers himself the child’s biological father within one year from the birth of the child
- the child
- successor of a deceased man whose paternity has been established on the basis of marriage to the mother of the child and who has acknowledged paternity
- in the interests of a child, the minister responsible for the area may contest paternity if there is reasonable doubt that the child does not descend from the man who acknowledged paternity
Conditions and time limits
Paternity may be contested in court within one year as of the date when the person entitled to contest paternity becomes aware of the circumstances which are the basis for contestation.
If the legal representative of a minor child fails to contest paternity in due time, the child may contest filiation from their father in person as an adult. In this case the term begins to run from the date the child who has become an adult becomes aware of the circumstances which are the basis for contestation of paternity, but not before the child becomes an adult.