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Book 4 · Family law  ›  Title 2 · Descent › Section 1599

Non-existence of paternity

(1) Section 1592 nos. 1 and 2 and section 1593 do not apply if, by reason of contestation, it has been finally and bindingly established that the man is not the father of the child.

(2) Section 1592 no. 1 and section 1593 also do not apply if the child is born after a divorce petition is pending at court and a third person, at the latest before the end of one year after the order granting the divorce petition has become final and binding, acknowledges paternity; section 1594 (2) is not to be applied. In addition to the declarations necessary under sections 1595 and 1596, the acknowledgement requires the approval of the man who is married to the mother at the date of the birth; this approval is governed accordingly by section 1594 subsections (3) and (4), section 1596 subsection (1), sentences 1 to 3, subsections (3) and (4), section 1597 subsections (1) and (2) and section 1598 (1). The acknowledgement becomes effective at the earliest when the order granting the petition for divorce becomes final and binding.

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