Objection to paternity in the Albanian judicial practice

• Author: Enkelejda Mecka
• Position: Kolegji Universitar i Biznesit
• Pages: 16-23

16

Vol. 6 No.2

September, 2020

Balkan Journal of Interdisciplinary Research

IIPCCL Publishing, Graz-Austria

ISSN 2410-759X

Acces online at www.iipccl.org

Objection to paternity in the Albanian judicial practice

MSc. Enkelejda Mecka

Kolegji Universitar i Biznesit

Abstract

The purpose of this paper is to identify and analyze the legal problems that arise in the

institute of paternity, specifi cally in opposing the paternity of the child born out of wedlock

and the presumed paternity, seen in an interpretation of legal norms governing this institute

and judicial practice local. In the analyzed cases, decisions are included by the courts of

di erent districts of the country. In the provisions that have been taken for interpretation,

an important place is occupied by the principles that accompany the institution of paternity

as the principle of the highest interest of the child; the principle of equality of children born

out of wedlock and children born out of wedlock. Objection to paternity is a legal instrument

that enables the compatibility of legal paternity with biological paternity. In the case where

the determination of paternity does not correspond to the truth, a close circle of persons is

given the right to challenge the legal paternity. Objection to paternity is a legal instrument

that enables the compatibility of legal paternity with biological paternity. In the event that the

determination of paternity does not correspond to the truth, a close circle of persons is given

the right to challenge the legal paternity.

Keywords: paternity, objection, courts, decision, child.

Introduction

A child born to a mother who, according to the birth certifi cate, is married, is presumed

to have a father, the mother's husband. However, the legal presumptions do not always

correspond to the real facts, and in the case of the presumed paternity, the legislation

has given the opportunity to a relatively close circle of entities to seek the annulment

of this presumption, to move towards "biological truth" in determining paternity of

the child. According to the Family Code, the right to oppose the presumed paternity

belongs to the presumed husband as the father of the child, the mother and the adult

child.

Article 184 of the Family Code provides for the right of the husband who is presumed

the father of the child to oppose the presumed paternity, within one year, from the

date he became aware of the birth of the child. The one-year statute of limitations

is intended to ensure the stability of the family relationship and the best interests

of the child. The moment from which the statute of limitations begins has a special

importance as only its accurate determination will lead to the calculation of the

deadline within which the right to seek the opposition of paternity must be exercised.1

Article 190 of the Family Code states that the court, when there are legitimate reasons,

may extend this statute of limitations, at the request of the interested person and

the courts o en decide to extend this period to give the party the opportunity to

challenge the presumed paternity.

1 Decision No. 1031 (64-2018-2450), dated 11.12.2018, Lushnje Judicial District Court.