Family Code

Family Code

 

TITLE I

GENERAL PROVISIONS

Chapter 1

FAMILY LEGISLATION

Article 1. Family legislation and other acts containing family law norms

(1) Family legislation consists of this Code and other normative acts adopted in the cases and within the limits provided by this Code.

(2) The Government has the right to adopt normative acts in the field of family law in the cases provided for by this Code, other laws, and the decrees of the President of the Republic of Moldova.

(3) If there are discrepancies between this Code and the conventions and treaties regulating family relations to which the Republic of Moldova is a party, international regulations take precedence.

 

Article 2. Fundamental principles of family legislation

(1) The family and family relationships in the Republic of Moldova are protected by the state.

(2) Only marriages concluded at the state civil status office (hereinafter referred to as civil status office) generate the rights and obligations of spouses as provided by this Code.

(3) Family relationships are governed by the following principles: monogamy, freely consented marriage between a man and a woman, equality of rights between spouses within the family, mutual moral and material support, marital fidelity, priority of the child’s upbringing within the family, concern for the maintenance, education, and protection of the rights and interests of minor and incapacitated family members, amicable resolution of all family life issues, inadmissibility of deliberate interference in family relations, and free access to judicial protection of the rights and legitimate interests of family members.

Article 3. Social Relations Governed by this Code

This code establishes the conditions and manner for entering into, terminating, and declaring the nullity of marriage. It regulates personal non-patrimonial and patrimonial relations arising from marriage, kinship, and adoption, as well as other social relations similar to family ones.

Article 4. Application of Civil Legislation

For regulating personal non-patrimonial and patrimonial relations among family members, as provided in Article 3, which are not regulated by family law, civil legislation shall apply insofar as it does not contradict the essence of family relations.

Chapter 2

EXERCISE AND PROTECTION OF FAMILY RIGHTS

Article 5. Equality in Family Relations

(1) All married individuals have equal rights and obligations in family relations, regardless of gender, race, nationality, ethnic origin, language, religion, opinion, political affiliation, wealth, or social origin.

(2) Family rights and obligations are personal to their holders and cannot be transferred to third parties.

Article 6. Exercise of Family Rights and Fulfillment of Family Obligations

(1) Individuals exercise their family rights independently, as derived from family relations, unless otherwise provided by this code.

(2) The exercise of family rights and fulfillment of family obligations must not infringe upon the rights, obligations, freedoms, and legitimate interests of other family members or other persons.

Article 7. Protection of Family Rights

(1) Family rights are protected by law, except in cases where they are exercised contrary to their purpose or legal provisions.

(2) Family rights are protected by the authorized public administration authorities and, in certain cases, by mediators and judicial courts.

(3) The means for protecting family rights are established by this code, other laws, and normative acts.

(4) In any family conflict or dispute that creates or could create a danger to the normal upbringing and development of a child, or that harms or affects the child’s legal interests, the guardianship authority recommends that the family members involved resolve the conflict through a mediation process.

Article 8. Application of Prescription

(1) Claims related to family relations are not subject to prescription, except in cases where specific time limits for defending violated rights are expressly provided by this code.

(2) When examining claims related to family relations, the court applies the rules governing prescription in accordance with the respective articles of the Civil Code.

Chapter 3

CONDITIONS AND PROCEDURE FOR MARRIAGE

Article 9. Marriage Ceremony

(1) Marriage is conducted at civil registry offices, as well as at other bodies authorized by law.

(2) The legal rights and obligations of the spouses arise from the day the marriage is registered at the civil registry office.

Article 10. Marriage Declaration

(1) The marriage declaration must be submitted in person by the individuals wishing to marry at the civil registry office in the territorial jurisdiction where one of them or one of their parents resides.

(2) In the marriage declaration, the future spouses must indicate that there are no legal impediments to their marriage.

(3) The submission of the marriage declaration and the registration of the marriage take place in accordance with the established procedure for the state registration of civil status acts.

Article 11. Conditions for Marriage

(1) For a marriage to be valid, mutual, uncoerced, personal, and unconditional consent must be given by both the man and woman wishing to marry, and they must have reached the legal marital age.

(2) Individuals wishing to marry are obligated to inform each other about their health status.

Article 12. Procedure for Marriage

(1) The marriage ceremony is performed in the presence of the individuals getting married, after the expiration of at least one month from the date the marriage declaration was submitted.

(2) For valid reasons, at the request of the individuals wishing to marry, the responsible person at the civil registry office may shorten the period indicated in paragraph (1), and in exceptional cases (life-threatening situations, pregnancy, childbirth, etc.), the marriage can be performed on the same day the declaration is submitted.

(3) The maximum time period for marriage registration shall not exceed two months from the date of the marriage declaration.

Article 13. Medical Examination for Individuals Wishing to Marry

(1) Individuals wishing to marry may, upon request, undergo a free medical examination to detect diseases or pathogens that could be transmitted to children, with their informed consent.

(2) The results of the medical examination are communicated only to the examined individual.

(3) The method, time frame, and scope of the medical examination are determined by the Ministry of Health, Labor, and Social Protection.

Article 14. Marital Age

(1) The minimum marital age is 18 years.

(2) For valid reasons, marriage can be authorized with a reduction in marital age, but by no more than two years. The reduction in marital age is approved by the local guardianship authority in the territorial jurisdiction where the individuals wishing to marry reside, based on their request and the consent of the minor’s parents.

Article 15. Impediments to Marriage

(1) Marriage is not permitted between:

a) individuals, at least one of whom is already married;

b) relatives in a direct line up to and including the fourth degree, siblings, including those sharing one parent;

c) an adopter and an adopted person;

d) an adopted person and a relative of the adopter in a direct line up to and including the second degree;

e) a guardian and a minor under their guardianship during the period of guardianship;

f) individuals, at least one of whom is under judicial protection (temporary guardianship, curatorship, or tutorship) without the legal authorization required for marriage;

g) individuals sentenced to imprisonment during the time both are serving their sentences;

h) individuals of the same sex.

(2) Any person may object to a marriage if there is a legal impediment or if other legal requirements are not met, by submitting written reasons and supporting evidence. The civil registry office is obligated to verify the objections and, if confirmed, refuse to conduct the marriage.

Chapter 4

PERSONAL RIGHTS AND OBLIGATIONS OF SPOUSES

Article 16. Equality of Spouses in Family Relations

(1) All matters concerning family life are resolved by the spouses jointly, in accordance with the principle of equality in family relations.

(2) Each spouse has the right to independently continue or choose their occupation and profession.

(3) Spouses freely and independently determine their place of residence.

(4) Relations between spouses are based on mutual respect and assistance, as well as shared obligations to support the family and care for and educate their children.

Article 17. Choice of Family Name by Spouses

(1) Upon marriage, the spouses may choose, if they wish, the family name of one of them, a name formed by combining both of their surnames as their common family name, or each may retain the surname they had before marriage, or one spouse may add the other spouse’s surname to their own.

(2) Combining family names is not permitted if at least one of the surnames is already double.

(3) A change in one spouse’s family name does not imply a change in the other spouse’s family name.

(4) At the time of divorce registration, spouses may keep the family name chosen upon marriage or return to the surname they had before the marriage.

Article 18. Non-patrimonial Relations of Spouses

(1) Non-patrimonial relations of spouses are governed by this code.

(2) Spouses owe each other moral support and marital fidelity.

Chapter 5

LEGAL REGIME OF SPOUSES’ PROPERTY

Article 19. Concept of the Legal Regime of Spouses’ Property

(1) Property acquired by the spouses during the marriage is subject to the regime of joint ownership.

(2) The legal regime of spouses’ property applies unless it is modified by a marriage contract.

Article 20. Joint Ownership of Spouses

(1) Property acquired by the spouses during the marriage belongs to both with the right of joint ownership, in accordance with the law.

(2) The following are considered common property:

a) Property acquired using income earned by each spouse from:

• work activities;
• entrepreneurial activities;
• intellectual activities;

b) Prizes, allowances, and other payments, except for those with a compensatory nature (material aid, compensation for health damage, etc.);

c) Other common resources.

(3) Movable and immovable property, securities, deposits, and shares in the capital of financial institutions or commercial companies, which were built, constituted, purchased, or created using common resources, as well as other property acquired during the marriage, are considered common property, even if acquired or deposited in the name of one spouse.

(4) The right to joint ownership extends to the spouse who did not have a personal income, being engaged in household chores, raising children, or for other valid reasons.

(5) Property acquired from the date of marriage until the day it is dissolved is common property. The court may, upon request of the innocent spouse in the dissolution, declare property acquired by them during the period when the spouses lived separately as their personal property.

Article 21. Right of Spouses to Possess, Use, and Dispose of Common property

(1) Spouses jointly possess, use, and dispose of common property.

(2) Each spouse has the right to enter into agreements regarding the common property, except for immovable property, where the consent of the other spouse is presumed.

(3) Any agreement contrary to this code, which diminishes or eliminates joint ownership, may be declared null by the court.

(4) An agreement made by one spouse may be declared null by the court, at the request of the other spouse, if it is established that the other party knew or should have known that the second spouse was opposed to the agreement. The claim to declare the agreement null can be made within 3 years from when the other spouse became aware or should have become aware of its conclusion.

(5) One spouse cannot, without the express consent of the other, terminate a lease of living space, alienate the house or apartment, or otherwise limit the housing rights of the other spouse through legal acts.

Article 22. Personal Property of Spouses

(1) Property belonging to each spouse before marriage and property received as a gift, inherited, or acquired through other free agreements by one spouse during the marriage is considered their personal property.

(2) Personal items (clothing, footwear, and other items), except for valuable jewelry and luxury items, are considered personal property of the spouse who uses them, regardless of when and how they were acquired.

Article 23. Recognition of Personal Property as Common property

Personal property belonging to each spouse may be recognized by the court as common property if it is established that during the marriage, the value of these goods increased significantly due to common resources or due to the work of one spouse (major repairs, reconstruction, re-equipment, refurbishment, etc.).

Article 24. Liability for Spouses’ Debts

(1) Each spouse is responsible for their own obligations with their personal property and with their share of the common property, which may be determined by the court upon the creditor’s request.

(2) Spouses are jointly liable with their entire estate for obligations assumed in the interest of the family, even if assumed by only one spouse, as well as for compensation for damages caused by committing a crime if it increased the common assets of the spouses.

Article 25. Division of Common property

(1) The division of common property may take place during the marriage or after its dissolution, at the request of either spouse.

(2) Common property may be divided based on the agreement between the spouses.

(3) In case of disagreement, the determination of each spouse’s share and the division of the property in kind is carried out by the court.

(4) Upon division of common property, the court, at the request of the spouses, determines which property will be transferred to each. If one spouse receives property that exceeds their share, the other spouse may be awarded financial or other compensation.

(5) Property acquired for minor children (clothing, footwear, school supplies, musical instruments, toys, etc.) is transferred without compensation to the spouse with whom the children live.

(6) Deposits made by the spouses in the names of their minor children are the property of the children and are not considered in the division.

(7) If the common property is divided during the marriage, it becomes the personal property of the spouses, and property not divided, as well as property acquired afterward, remains joint.

(8) A statute of limitations of 3 years is established for the division of common property following the dissolution of the marriage.

Article 26. Determining Shares in Common property

(1) Upon the division of common property and the determination of each spouse’s share, the shares are presumed equal unless otherwise stipulated in the marriage contract.

(2) The court may vary the shares in common property, considering the interests of one spouse and/or the interests of minor children.

(3) Upon the division of common property, joint debts are divided between the spouses in proportion to their determined shares.

Chapter 6

THE CONTRACTUAL REGIME OF SPOUSES’ PROPERTY

Article 27. The Matrimonial Contract

The matrimonial contract is an agreement voluntarily concluded between individuals intending to marry or between spouses, which determines their patrimonial rights and obligations during the marriage and/or in the event of its dissolution.

Article 28. Conclusion of the Matrimonial Contract

(1) A matrimonial contract may be concluded before the marriage is registered or, at any time, during the marriage.

(2) A matrimonial contract concluded prior to the registration of the marriage enters into force on the date of its registration.

(3) A matrimonial contract must be concluded in written form and notarized. Failure to comply with these requirements results in the nullity of the contract.

Article 29. Content of the Matrimonial Contract

(1) Through a matrimonial contract, spouses may amend the legal regime of common undivided property established by Article 20.

(2) A matrimonial contract may provide that all property acquired by each spouse during the marriage is the personal property of the spouse who acquired it.

(3) A matrimonial contract concluded during the marriage does not have retroactive effect. Property acquired prior to the conclusion of the contract is subject to the legal regime provided by this code.

(4) Spouses are entitled to determine in a matrimonial contract their rights and obligations concerning mutual support, the manner of each spouse’s participation in the income earned by each and in common expenses, the property to be allocated to each spouse in case of division, as well as to establish other patrimonial clauses, including patrimonial sanctions for the spouse at fault for the dissolution of the marriage.

(4¹) Spouses may include a mediation clause in a matrimonial contract.

(5) The rights and obligations stipulated in a matrimonial contract may be limited to a certain period or made dependent on the occurrence or non-occurrence of specific conditions.

(6) The parties are not entitled to include in a matrimonial contract clauses that would affect the legal capacity or exercise capacity of the spouses, their right to address the court for the regulation of personal relations between them, including their rights and obligations toward their children, that would limit the right of the incapacitated spouse to maintenance, that would harm the rights and legitimate interests of the spouses or either of them, or that would contradict the principles and nature of family relationships.

Article 30. Amendment and Termination of the Matrimonial Contract

(1) A matrimonial contract may be amended or terminated at any time by mutual agreement of the spouses. The agreement regarding the amendment or termination of the matrimonial contract must be in writing and notarized.

(2) Unilateral refusal to fulfill the clauses of the matrimonial contract is not permitted.

(3) At the request of one of the spouses, a court may amend or terminate the matrimonial contract in the manner and on the grounds provided by the Civil Code.

Article 31. Termination and Declaration of Nullity of the Matrimonial Contract

(1) The clauses of the matrimonial contract cease to have effect upon the termination of the marriage, except for those stipulated to apply after the termination of the marriage.

(2) A matrimonial contract may be declared null, in whole or in part, by the court based on the grounds provided by the Civil Code.

(3) At the request of one of the spouses or the guardianship authority, a court is entitled to declare the matrimonial contract wholly or partially null if it contains clauses that infringe upon the rights and interests of one of the spouses, minor children, or other individuals protected by law.

Article 32. Guarantees of Creditors’ Rights upon the Conclusion, Amendment, and Termination of the Matrimonial Contract

(1) Each spouse is obligated to notify their creditors about the conclusion, amendment, or termination of the matrimonial contract. Failure to fulfill this obligation renders the debtor spouse liable for their obligations, regardless of the content of the contract.

(2) The creditors of the debtor spouse may request the amendment or termination of the matrimonial contract if it infringes upon their legally protected rights and interests.

Chapter 7

TERMINATION OF MARRIAGE

Article 33. Grounds for Termination of Marriage

(1) Marriage is terminated upon the death or judicial declaration of death of one of the spouses.

(2) Marriage may also be terminated by divorce (dissolution), at the request of one or both spouses, or by the guardian of a spouse placed under judicial protection in the form of guardianship.

Article 34. Restriction on the Husband’s Right to Request Dissolution of Marriage

Without the wife’s consent, the husband cannot request the dissolution of the marriage during her pregnancy or within one year after the birth of a living child.

Article 35. Methods of Dissolution of Marriage

In the cases provided in Article 36(1) and (2), marriage is dissolved by the civil status office; in the cases provided in Article 36(4) and (5) and Article 37, by judicial proceedings; and in the conditions specified in Articles 41 and 42 of Law No. 246/2018 on Notarial Procedure, by a notary.

Article 36. Dissolution of Marriage by the Civil Status Office

(1) Based on the mutual agreement of the spouses, if there are no disputes between them regarding the division of common undivided property, the maintenance, education, and residence of minor children, or the maintenance of one of the spouses, the marriage is dissolved by the civil status office in the territorial jurisdiction of the domicile of either spouse. The spouses must participate in the dissolution process as per Law No. 100/2001 on Civil Status Acts.

(2) At the request of one spouse, the marriage may be dissolved by the civil status office if the other spouse:
a) is under judicial protection;
b) has been declared missing;
c) has been sentenced to imprisonment for a term exceeding three years.

(3) Dissolution of the marriage and issuance of the divorce certificate occur after one month from the date the divorce application is submitted.

(4) In the event of disputes between spouses concerning children, property division, or maintenance, the marriage is dissolved through judicial proceedings.

(5) If disputes arise between the spouses regarding property division, maintenance, education, or the residence of minor children after the marriage is dissolved by the civil status office, these disputes will be resolved through judicial proceedings.

Article 37. Dissolution of Marriage by Judicial Proceedings

(1) If the spouses have minor children and cannot agree on their maintenance, education, and residence, or if one spouse does not consent to the divorce, except in cases provided under Article 36(2) or if the marriage is dissolved by notarial procedure, the dissolution of the marriage takes place through judicial proceedings.

(2) Judicial dissolution is also applicable if both spouses consent to the divorce, but one refuses to appear before the civil status office for resolution.

(3) The court will dissolve the marriage if it finds that the cohabitation of the spouses and the continuation of the family are impossible.

(4) If one spouse does not agree to the divorce during the examination of the dissolution request, the court will postpone the case, setting a reconciliation period of one to six months, except in cases of divorce initiated on grounds of domestic violence, supported by evidence.

(5) If reconciliation efforts are unsuccessful and the spouses persist in their desire to divorce, the court will grant the request.

Article 38. Resolution of Disputes by the Court During the Dissolution of Marriage

(1) At the dissolution of the marriage, spouses may present to the court an agreement on the division of their common undivided property, payment of child support, and maintenance for one spouse, indicating its amount, as well as on the determination of the parent with whom the minor children will reside.

(2) In the absence of such an agreement or if it is proven that the agreement infringes upon the rights and interests of minor children or one of the spouses, the court is obligated to:
a) divide the common undivided property of the spouses at the request of one or both spouses;
b) determine which parent will pay child support and the amount of support;
c) establish, at the request of the spouse entitled to maintenance, the amount and payment method of this maintenance;
d) to determine with which parent the minor children will reside after the divorce.

(3) Disputes other than those mentioned in this Article cannot be resolved during the dissolution of marriage proceedings, except for actions contesting paternity at the request of the husband.

(4) If the interests of third parties are affected during the division of the spouses’ common undivided property, the court will order the examination of the respective claim in a separate proceeding.

Article 39. Time of Marriage Termination

(1) In the case of a divorce registered by the civil status office or by a notary, the marriage is deemed terminated on the day the divorce is registered. If the divorce is granted through judicial proceedings, the marriage ends on the day the court decision becomes final.

(2) If the divorce is resolved through judicial proceedings, it must be registered in accordance with the procedures for state registration of civil status acts. The spouses cannot enter into a new marriage until obtaining a divorce certificate from the civil status office in the territorial jurisdiction of their residence.

(3) The court is required to send a copy of the final divorce decision to the relevant civil status office within its territorial jurisdiction within three days of the decision becoming final.

Article 40. Reinstatement of Marriage in Case of the Reappearance of a Declared Deceased or Missing Spouse

(1) If a spouse who was declared deceased or missing reappears, as per the law, and the corresponding court decision is annulled, the civil status office may reinstate the marriage upon the joint request of the spouses, provided the other spouse has not entered into a new marriage.

(2) If the marriage is reinstated, it is considered to have never been interrupted. Property acquired during the absence of one spouse belongs to the spouse who acquired it.

Chapter 8
DECLARATION OF MARRIAGE NULLITY

Article 41. Declaration of Marriage Nullity

(1) A court shall declare a marriage null if:
a) it was concluded in violation of Articles 11, 13, 14, or 15;
b) it was entered into without the intent to establish a family (fictitious marriage).

(2) A marriage declared null is deemed invalid from the time it was concluded.

(3) The court is obligated to send a copy of the final decision declaring the marriage null to the civil status office in its territorial jurisdiction within three days of the decision becoming final.

Article 42. Persons Entitled to Request the Declaration of Marriage Nullity

(1) The following persons have the right to request the declaration of marriage nullity:
a) the minor spouse, their parents (guardians), or the local guardianship authority if the marriage was concluded by a person below the marital age without lawful age reduction. After the minor spouse reaches 18 years of age, only they have the right to request nullity.
b) the spouse whose rights were violated by the marriage.
c) the spouse unaware of any impediments to the marriage, the guardian of a spouse under judicial protection, the spouse from a previous undissolved marriage, or other individuals whose rights and interests were harmed by the marriage in violation of Article 15, as well as the local guardianship authority in the aforementioned cases.
d) the good-faith spouse in the case of a fictitious marriage.

(2) In cases involving the nullity of a marriage entered into by a minor below the marital age or in violation of Article 15(1)(f), the local guardianship authority’s representative must participate in the proceedings.

Article 43. Circumstances Eliminating Marriage Nullity

(1) A court may validate a marriage if, at the time of examining the nullity case, the circumstances preventing the marriage have ceased to exist.

(2) A court may dismiss a request to declare the marriage null if it was entered into by a minor below the marital age and this is in the minor’s interest or if the minor does not consent to the marriage termination.

(3) A fictitious marriage cannot be declared null if, by the time the case is examined, the parties to the marriage have established a family.

(4) A marriage cannot be declared null after its dissolution, except in cases where it was concluded between prohibited relatives or by a person already married at the time of registration.

Article 44. Consequences of Declaring a Marriage Null

(1) A marriage declared null by the court is deemed invalid from the date it was concluded and does not create rights or obligations between the spouses, except as provided in this Article.

(2) Property jointly acquired by individuals whose marriage has been declared null is considered common ownership divided by shares (common divided ownership), and the matrimonial contract is deemed void.

(3) If a marriage is declared null:
a) at the request of the good-faith spouse, the court may:
– order the other spouse to pay maintenance.
– apply the rules established in Articles 20, 25, and 26 to the division of property jointly acquired before the nullity declaration.
– recognize the marital contract as valid, in whole or in part.
b) the good-faith spouse may claim compensation for moral and pecuniary damages caused, following civil law procedures.

(4) The good-faith spouse may retain the family name chosen at the time of marriage after the declaration of nullity.

(5) A declaration that a marriage null does not affect the rights of children born from that marriage.

TITLE III
LEGAL RELATIONS BETWEEN PARENTS AND CHILDREN

Chapter 9
ESTABLISHING THE CHILD’S ORIGIN

Article 45. Kinship and Affinity

(1) Kinship is the bond based on a person descending from another or on several persons having a common ancestor. In the first case, it is direct kinship, while in the second case, it is collateral kinship.

(2) The degree of kinship is determined by the number of births.

(3) The relatives of one spouse are the affines of the other spouse. The line and degree of affinity correspond to the line and degree of kinship.

Article 46. Grounds for the Emergence of Reciprocal Rights and Obligations Between Parents and Children

The reciprocal rights and obligations between parents and children arise from the child’s origin, established as per the law.

Article 47. Establishing the Child’s Origin

(1) The child’s origin from the mother (maternity) is established based on documents confirming the child’s birth in a medical institution.

(2) If the child is not born in a medical institution, maternity is established based on medical documents, witness statements, or other evidence. Upon learning of a birth or when the mother seeks medical attention post-delivery, the local medical institution/family doctor must, within three working days, take necessary measures to confirm the birth and, upon confirmation, issue a medical birth certificate, regardless of the mother’s residence status in the locality.

(3) A child born to married parents or within 300 days of the dissolution of marriage, declaration of marriage nullity, or the death of the mother’s husband is presumed to have the husband (or former husband) as their father, unless proven otherwise.

(4) The presumption of paternity of the husband (or former husband) may be rebutted through a personal declaration by both spouses (or former spouses). If either spouse cannot appear in person, the declaration must be notarized and sent to the civil status office.

(5) The paternity of a child born outside marriage may be recognized by the father through a joint declaration with the child’s mother, submitted to the civil status office.

(6) If the mother is deceased, declared deceased or missing, or her whereabouts are unknown, or if she has been deprived of parental rights, paternity is established based on the father’s declaration and the written consent of the guardianship authority or by court decision if such consent is unavailable. If the mother is under judicial protection, Articles 4852 and 4853 of the Civil Code apply.

(7) The joint declaration of the mother and father regarding paternity may be submitted to the civil status office even before the child’s birth.

Article 48. Establishing Paternity in Court

If a child is born to parents who are not married to each other and in the absence of a joint declaration by the parents or a declaration by the father, paternity is established by the court based on a request from one of the parents, the child’s guardian (curator), or the child themselves upon reaching adulthood.

Article 49. Contesting Paternity (Maternity)

(1) Paternity (maternity) may be contested only in court by:

– the person listed as the father or mother,

– the natural father or mother of the child,

– the child upon reaching adulthood, or

– the child’s guardian (curator).
If the parent is under judicial protection, Articles 4852 and 4853 of the Civil Code apply.

(2) A request to contest paternity (maternity) must be submitted within one year from the moment one of the persons listed in paragraph (1) became aware or should have become aware of the paternity (maternity) registration, or from the moment the minor reaches adulthood.

(3) The following individuals cannot contest paternity:
a) a husband who provided written consent for artificial insemination or embryo implantation in his wife.
b) a person listed as the father of the child based on a joint declaration with the mother or based on their own declaration if, at the time of submission, they knew they were not the biological father of the child.

Article 50. Rights and Obligations of Children Born Outside Marriage

Children born outside marriage have the same rights and obligations toward their parents and relatives as those born to married individuals.