Paternity in the case of dissolution of the marriage by death

Section 1592 no. 1 applies accordingly if the marriage has been dissolved by death and within 300 days after the dissolution a child is born. If it is certain that the child was conceived more than 300 days before its birth, this period of time will be the relevant period. If a woman who has entered into a further marriage gives birth to a child that would be both the child of the former husband under sentences 1 and 2 and the child of the new husband under section 1592 no. 1, it is to be regarded only as the child of the new husband. If the paternity is challenged and if it is finally and bindingly established that the new husband is not the father of the child, then it is the child of the former husband.