“The biological father's legal status in the German and Polish law”
Legal assignment of a child to his or her parents plays an important role in both private and public law. It is decisive, among others, in obtaining parental authority, the right to contact with a child and determining a child's surname. Social and tax law frequently refer to consanguinity in their regulations as well. Nevertheless, it is the legal maternity and paternity which above all determine the civil status of every person. For these reasons, agreement between legal maternity and paternity with the biological truth is desirable.
As far as determining paternity is concerned, the law uses three constructions: presumption that the mother´s husband is the father of the child, recognising and judical determination of paternity. In the first two cases in particular the man who is the father in the eyes of the law may not be genetically related to the child. In such situations the question of the biological father's rights arises. The topic of this doctoral thesis is examination of the biological father's legal status in the Polish and German law. The interests of all parties involved are going to be analyzed and compared in individual sections of the thesis. Special attention is going to be paid to aspects of parental rights, a child's welfare and the right to know one's origins. The assumption of the thesis is finding solutions which reconcile contradictory interests.
Field of research: Private Law
Supervisor: Prof. Dr. Dieter Martiny