Where a child is born during the mother’s marriage or within 300 days after its dissolution or annulment, Greek law establishes a presumption that the mother’s husband is the father. The presumption may be rebutted only through court proceedings brought by the persons exhaustively listed in the Civil Code and within the separate, short time limit applicable to each of them.
The presumption of paternity within marriage
Under Article 1465 of the Greek Civil Code, a child born during the mother’s marriage or within 300 days after its dissolution or annulment is presumed to have the mother’s husband as its father. If the birth occurs after the 300th day, the paternity of the husband must be proved by the person relying on it.
When paternity may be challenged
Article 1467 permits the child’s status as born within marriage to be challenged if it is proved that the mother did not conceive by her husband or that conception by him was manifestly impossible during the legally relevant period, particularly because of incapacity, absence or lack of relations.
Article 1468 defines the legally relevant period of conception as the period between the 300th and the 180th day before birth. Accurate identification of this period is critical to the assessment of facts and evidence.
Who may challenge paternity and within what period
Articles 1469 and 1470 grant standing to specific persons and prescribe a different extinguishing time limit for each. Expiry of one person’s period does not automatically extinguish the independent right of another entitled person.
| Entitled person | When the right is barred |
| The mother’s husband | One year after learning both of the birth and of the circumstances showing that he did not conceive the child; in all cases, five years after the birth |
| The husband’s father or mother, if he died without having lost his right | One year after learning both of the husband’s death and of the child’s birth |
| The child | One year after reaching majority |
| The child’s mother | One year after the birth or, where a serious reason prevented a challenge during the marriage, six months after dissolution or annulment of the marriage |
| The man who had a permanent sexual relationship with the mother while she was separated | Two years after the birth, provided the relationship existed during the legally relevant period of conception |
The precise commencement and expiry of the relevant period should be assessed immediately. The right is exercised personally or through a special attorney and, with court permission, by the entitled person’s legal representative.
Additional statutory bars
Under Article 1471, a challenge is barred after the child’s death unless proceedings had already been commenced. The husband may not challenge paternity if he acknowledged that the child was his before the judgment became irrevocable. In addition, none of the persons listed in Article 1469 may bring a challenge where the husband consented to his wife undergoing assisted reproduction.
Evidence considered by the court
- Civil-status records, marriage, separation, dissolution or annulment documents, and exact dates.
- Facts concerning the possibility of conception during the legally relevant period.
- Medical and genetic evidence, where lawfully produced or ordered in the proceedings.
- Documents, communications, travel records, witness testimony and any other admissible evidence.
DNA testing may carry substantial evidential weight, but it does not replace the review of standing, time limits and the other conditions of the claim. The evidential process and consequences of any refusal to undergo an examination are governed by the rules of civil procedure.
Effect of an irrevocable judgment
Once a judgment upholding the challenge becomes irrevocable, the child loses, retroactively from birth, the status of a child born within marriage in relation to the relevant husband. The paternity of another man may then be established through voluntary or judicial recognition where the statutory conditions are met.
There is an important exception: where the challenge is successfully brought by the man falling within Article 1469(5), the same judgment automatically effects judicial recognition of the child by that man.
| Stage | Legal effect |
| 1. Irrevocable judgment upholding the challenge | The child’s status as born within marriage in relation to the relevant husband is rebutted retroactively from birth |
| 2. Establishing another man’s paternity | As a rule, voluntary or judicial recognition is required. If the claimant under Article 1469(5) succeeds, however, the same judgment automatically effects judicial recognition |
Frequently asked questions
Who may bring proceedings to challenge paternity?
Only the persons listed in Article 1469: the husband; in defined circumstances, his parents; the child; the mother; and the man who satisfies the specific conditions in the fifth category.
May the mother challenge paternity?
Yes. Her right is usually barred one year after the birth, subject to the special six-month period following dissolution or annulment where a serious reason prevented a challenge during the marriage.
If the husband’s period has expired, is every challenge barred?
Not necessarily. Each entitled person has an independent right and a separate time limit, provided the statutory conditions are met.
Is DNA testing mandatory in every case?
Not automatically. It may be requested or ordered as part of the evidential process, depending on the circumstances.
Is the biological father automatically recognised after a successful challenge?
As a rule, the relevant voluntary or judicial recognition process is still required. The exception is a successful challenge by the man within Article 1469(5), where the judgment itself automatically effects judicial recognition.
Can paternity be challenged after the child’s death?
No, unless the relevant proceedings had already been commenced before the child’s death.
Conclusion
A paternity challenge is strictly regulated. Standing, the precise extinguishing time limit and the relationship between the challenge and any subsequent recognition must be examined at the outset, before evidential or procedural steps are taken.
Does your matter concern a presumption or challenge of paternity in Greece? Our law firm can review standing, critical dates and the available evidence so that the lawful options are assessed in time.
This article is intended solely for informational purposes and does not constitute legal advice. Each case requires an individual assessment based on its specific facts and the applicable legal framework. For specialised legal advice, please contact our law firm.
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