Case n.3 (Issue of paternity of a minor child)

Case n.3 (Issue of paternity of a minor child)

A future mother came without a notice to appear to the Municipal Authority of Jihlava, the Department of Social Affairs, the Department of Social and Legal Protection of Children to ask for information.

According to her notification, she is single and pregnant – the child is due to be born next month. She does not live with the child’s father in the common household – but he feels to be the father of the unborn child. They have not considered living and treating the minor child together yet. The mother has a permanent residence in Brtnice, Haberská 572, and the father in Jihlava, Havlíčkova 108.

Task:

Focus on the issue of paternity of a minor child.

Key words and phrases to be solved:

-          The Municipal Authority of Jihlava (preferably local authority)

-          The Department of Social and Legal Protection of Children

-          Single

-          She expects the birth of a child in a month

-          The father of the minor child does not live in the same household

-          The boyfriend feels to be the child’s father

-          Joint custody is not considered after the birth of the child

-          The mother has a permanent residence in Brtnice, Haberská 572

-          The father has a permanent residence in Jihlava, Havlíčkova 108

Solution:

Due to the fact, the mother's boyfriend feels to be the father of the unborn child paternity can be determined by the affirmative statement of the parents at the court or registry office. It is preferable to choose the option at the registry office – parents can agree on the name and surname of the child. The affirmative statement can be made before and after the birth of a child (preferably before the birth of the child). Both parents must make it themselves. Personal biological links to the minor child are not examined in the affirmative statement.

(Note: if the mother's partner did not feel to be the child's father, the court would have to determine paternity)

Key words and phrases to be solved:

-          Mother’s boyfriend feels to be the father of the unborn child

-          Affirmative statement of the parents

-          Affirmative statement can be made at the court or registry office

-          Agreement on the name and surname of the child

-          Can be made before and after the birth of the child

-          Both parents must make it themselves

-          Personal biological ties to the child are not examined

The case is based on the following legislation:

Material:

The Family Act (94/1963 Coll., As amended)