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Book 4 · Family law  ›  Title 2 · Descent › Section 1600

Persons entitled to contest

(1) The following are entitled to contest the paternity:

1.  the man whose paternity exists under section 1592 nos. 1 and 2 and section 1593,

2.  the man who declares in lieu of an oath that he had sexual intercourse with the mother of the child during the period of conception,

3.  the mother and

4.  the child.

(2) The contestation under subsection (1) no. 2 requires that there be no social and family relationship between the child and the child’s father within the meaning of subsection (1) no. 1, nor was there a social and family relationship at the time of the latter’s death, and that the person contesting is the natural father of the child.

(3) A social and family relationship under subsection (2) exists if the father, in the meaning of subsection (1) no. 1, has or had actual responsibility for the child at the relevant point in time. There is as a rule an assumption of actual responsibility if the father in the meaning of subsection (1) no. 1 is married to the mother of the child or lived together with the child for a long period in domestic community.

(4) If the child, with the consent of the man and the mother, was conceived by means of artificial insemination by sperm donation from a third person, the contestation of paternity by the man or the mother is excluded.

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