In determining parentage, the law puts the best interests of the child first. "The child is the victim in this case and the state should also provide protection by determining who is the person obliged to take care of the child under what circumstances," explains family law expert Martina Lysinová of L/R/P advokáti, s. r. o. in an interview.

Parenthood is determined according to the legal principles set out in the Family Law. Let's start with the obviously less complicated one, and that is the determination of maternity. When is it the case that the court decides maternity?

The determination of maternity looks very simple at first glance. The mother of the child is the woman who gave birth to the child. The Family Law thus follows the Roman law principle of "mater semper in iure certa est, parter incertus", i.e. the mother is always certain, the father is not, he is only probable.

However, the first view, which evokes in us complete clarity and simplicity in the determination of maternity, is deceptive. Since the mother is the woman who gave birth to the child, the DNA test is not decisive. It could have been artificially inseminated with another woman's egg. A dispute may arise if, for example, the child is born outside a medical facility. In that case, several women may claim to be the mother of the child or, on the contrary, no woman will admit to giving birth. It can be assumed that in the future, disputes are likely to arise in relation to gender reassignment.

Thus, in case of doubt, maternity can be determined by a court decision. Such proceedings may be brought only on application, either by the woman claiming to be the mother of the child, by the father of the child or by a person who establishes that he or she has a legal interest in such a determination.

What are the most common cases in your practice where the court decides on paternity?

The most common cases are those where the child is born during the marriage or before the three hundredth day after the dissolution of the marriage or after its annulment. In such a case, the husband or former husband of the mother is considered to be the father of the child, regardless of who actually fathered the child. This is the so-called first presumption of paternity. The law recognises three presumptions of paternity, the order of which is fixed and non-transferable.

It often happens that the infidelity of the wife only comes to light years later. The child's father, listed on the birth certificate, is suspicious, has a DNA test done on the child, and finds that the probability that he is the biological father is very low. In the same way, a man may discover a disease that precludes his ability to sire a child.

Another uncommon case is when spouses divorce because of the wife's extramarital affair. The wife becomes pregnant with the other partner but does not manage to divorce yet. The child is born within the marriage and even though everyone knows who the father of the child is, the mother's husband will be listed as the father on the birth certificate. A very important fact that people often do not realise is that the father on the birth certificate, and therefore the so-called legal father, is legally obliged to contribute to the maintenance of the child. If he fails to do so, there may also be criminal consequences for him.

Read the full interview in the attached article:DNA test alone may not be enough to establish paternity