Parenting Filiation in Romania - Quick Consulting

Parenting Filiation in Romania The affection for mother

The deadline for declaring birth

-15 days for the baby born alive

-3 days for the baby born dead

-when the live-born child has died within the 15-day period, the declaration is made within 24 hours of death

If these deadlines have not been met:

– within 1 year the declaration is made with the mayor’s approval

-from the first passing of the birth the declaration is made to the court on the basis of supporting documents

Proof of parental affiliation

– based on the birth registration statement

– on the basis of the late court decision of birth

– the birth certificate and the birth certificate are drawn up

Establishment of parental affiliation through recognition

-recognition was not recorded in the marital status registry

– the child was registered as unknown parents

Establishment of parental affiliation through a court order

-which is not mentioned in the birth certificate; when it is found that the reality does not correspond to the birth certificate

-the action belongs only to the child (starts with the legal representative)

-action is imprecise; if the child died the heirs can bring the action within one year

– Any evidence can be given as evidence of the parentage

Presumption of parentage

– no person can dispute the relationship with the mother as a result of his or her birth certificate

-you can not challenge the affiliation with my mother; of the person who holds a state ownership in accordance with his birth certificate

– if the presumption does not correspond to the biological truth, it can be overturned by a court decision

Filiation by father

Legal time of the child’s concept; the time interval between three hundred and one hundred and eighty days before the child’s birth.

The probative force of presuming the legal time of the child’s conception; The assumption acquires a relative character in the sense that; by means of scientific evidence can be proved the concept; child in a certain period of time or even outside of this interval.

Presumption of paternity

– the affiliation with father is established by the effect of the assumption of paternity

-the child during the marriage is presumed to be the husband’s father.

-paternity conflicts

1.the child is conceived during a marriage that has ceased
2.the husband was declared dead and the surviving wife recovered; less than 300 days from the end of the second marriage

Action in paternity tagada

-paternity can be denied if it is impossible for the mother’s husband to be the father of the child; solution maintained in art. 414 alin (2) C. Civ.

-the titles of the action in the paternity tagada: the mother of the child, the child, the biological father, the mother’s husband.

Mother’s husband

-The prescription term is 3 years

– the person against whom the action is brought; against the child or against the mother if the child is deceased

The child’s mother

-The prescription term is 3 years

-can introduce action against the husband; if he is deceased against his heirs

The child

-action is not prescribed during child’s life; after the child has increased it can take action for 3 years

-the child can take action against the husband; if he is deceased against these heirs

Biological father

-action is not prescribed during the child’s life

-the action starts against the husband of the mother and the child; if they are deceased, the action is brought against the heirs

Filiation with the father outside the marriage

-you can establish by recognition

-or forced by court order

1.the action belongs to the child
2.action is imprecise
3.can be confessed / demonstrated by scientific methods