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

Court determination of paternity

(1) If there is no paternity as defined in section 1592 nos. 1 and 2 and section 1593, the paternity is to be determined by the court.

(2) In the proceedings for the court determination of paternity, it is presumed that the father is the man who had sexual intercourse with the mother during the period of conception. The presumption does not apply if there are serious doubts as to the paternity.

(3) The period of conception is considered to be the time from the 300th to the 181st day before the birth of the child, including both the 300th and the 181st days. If it is certain that the child was conceived outside the period set out in sentence 1, that deviating period of time is considered to be the period of conception.

(4) Where the child is conceived by artificial insemination, under the auspices of a physician in a medical care facility within the meaning of section 1a no. 9 of the Transplantation Act (Transplantationsgesetz), with heterologous sperm made available by the donor to an extraction facility within the meaning of section 2 (1) sentence 1 of the Sperm Donor Register Act (Samenspenderregistergesetz), the sperm donor may not be determined as the father of that child

(5) The legal effects of paternity may be asserted, unless the statute leads to a different conclusion, only from the date on which they are established.

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