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

Contestation periods

(1) The paternity may be contested at court within two years. The period commences on the date on which the person entitled learns of the circumstances that argue against the paternity; the existence of a social and family relationship in the meaning of section 1600 (2) first alternative does not prevent the period from running.

(1a) (repealed)

(2) The period does not commence before the birth of the child, nor before the acknowledgement has become effective. In the cases governed by section 1593 sentence 4 the period does not begin before the decision finding that the new husband of the mother is not the father of the child has become final and binding.

(3) If the legal representative of a minor child did not contest the paternity in good time, the child may contest it itself after it has attained full age. In this case, the period does not begin before the minor becomes of full age, nor before the date on which the child learns of the circumstances that argue against the paternity.

(4) If the legal representative of a person incapable of contracting did not contest the paternity in good time, the person entitled to contest may himself contest after the lack of capacity to contract comes to an end. Subsection (3) sentence 2 applies accordingly.

(5) The period is suspended by the commencement of proceedings under section 1598a subsection (2); section 204 subsection (2) applies accordingly. The period is also suspended as long as the person entitled to contest is unlawfully prevented from contestation by threat. In all other cases, section 204 (1) nos. 4, 8, 13, 14 and (2), as well as sections 206 and 210, are to be applied accordingly.

(6) If the child obtains knowledge of circumstances on the basis of which the consequences of the paternity are unreasonable for it, the period of subsection (1) sentence 1 commences again for the child on this date.

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