What are the consequences of establishing paternity in Poland ?
Paternity in legal terms creates a bond between father and child, which in turn actualises numerous responsibilities on their part.
The primary obligation that paternity gives rise to is the father’s maintenance obligation towards his dependent child.
It should be emphasised that the maintenance obligation in Poland has both a property and a non-material nature. The father is thus obliged both to bring up the child and to pay for its maintenance.
The limits of the alimony obligation in Poland are set by the justified needs of the person entitled to alimony as well as the earning capacity and assets of the obligor. Under Polish law, there is neither an average amount of alimony nor a upper limit. Each case is examined individually. Thus, in some cases, the father of a child may be obliged to pay a monthly amount of several thousand zlotys, while in some – several hundred zlotys.
What is particularly important is that in Poland, the maintenance obligation precedes all other obligations of the maintenance debtor, and failure to comply with it may even lead to a conviction of the obligor for the crime of persistent non-alimony.
Furthermore, it is impossible to determine unequivocally at what date the maintenance obligation ceases. According to Polish law, the maintenance obligation expires only on the date on which the person entitled to maintenance becomes independent. This requires an individual examination of each case. Thus, in extreme situations, a father may be obliged to pay alimony to his even middle-aged child.
In order to be sure that the maintenance obligation has terminated, the father of the child will be obliged to obtain a family court judgment establishing the termination of the maintenance obligation. Importantly, it will be the father’s responsibility to prove that his child has become
independent.
Of course, if the child has become independent and the child’s father has fallen into poverty, the father will be entitled to claim maintenance from his descendant.
In addition to the maintenance obligation, the bond of paternity results in the father of the child acquiring parental authority over his offspring. Consequently, the father becomes entitled to decide on the child’s person and property.
Similarly, by virtue of paternity, the father has both the right and the obligation to maintain personal contact with the child. If the parents do not live together, then they can voluntarily agree on a timetable for the father to meet the child, but if a voluntary arrangement of contact is not possible the father can seek judicial settlement.
In addition, the legal bond of paternity results in both the child and the father becoming their legal heirs, which means that they have the right to inherit from each other.
Wróć