The concept of marital paternity presumption in modern family law

Abstract

This paper deals with positive domestic and comparative international laws on establishing and contesting the marital presumption of paternity. It is evident that these rules derive from the provisions that regulate marriage. What makes them complex and diverse is that in certain legal systems the moments from which the presumption of paternity of the mother's spouse begins and ends are determined differently in relation to the moment of conclusion of marriage and the cause of termination of marriage. The aim of this paper is to point out different possibilities when stipulating the rules on establishing and contesting marital presumption of paternity and how each of these possibilities reflects on the modern concept of parenting and the child's right to know his or her origin. It is from this point of view that the relevant norms of domestic family legislation have been valued.