Prawo do znajomości własnego pochodzenia

Abstract

A child could only realise the right to know his or her own origins de lege lata through a legal claim intended to establish paternity. This would only apply to children whose paternity has not been established. A child fathered by the husband of the mother would first have to use the paternity denial institution (Article 70 of the Family and Guardianship Code) by indicating that the husband of the mother could be his or her father, while an acknowledged child - raise a claim to invalidate the acknowledgement by invoking and justifying the fact that the male who acknowledged his or her is not his or her father. It would then be necessary to apply to the court to establish paternity. A child conceived through artificial insemination would be in a particularly difficult position in such a proceeding. As it is known - in this type of proceedings, the person requesting to determine paternity proves the fact that the man had an intercourse with the mother of the child during the conception period (Article 85(1) of the Family and Guardianship Code). This fact cannot (in the discussed situation) be proven, as there was no intercourse between the mother of the child and the sperm donor. Thus, it has to be proven otherwise that the sperm donor is the father of the child. This is practically impossible under the current legislation, as it is not possible to identify a man who had intercourse with the mother of the child during the conception period.