JT Law's Sydney team
According to Article 1463 of the Greek Civil Code, the relationship of a person with his/her mother and relatives is established solely by birth. The relationship with his/her father and relatives is presumed from the marriage of the mother with the father or is established by means of acknowledgement of the child from the father, either voluntarily or through a court decision.
A father may acknowledge as his own a child born out of wedlock in Greece, provided that the mother consents. If the mother has died or has no legal capacity to consent, the acknowledgment shall be affected by the sole declaration of the father. If the father has died or has no legal capacity, the acknowledgment may be affected by the father's parents. If the child has died, the acknowledgement shall be effective in favour of his descendants.
An acknowledgment by the father or his parents shall take place by means of a declaration made before a notary public or by a declaration in a last will and testament. The consent of the mother referred to in the aforementioned section, shall be given by means of a declaration before a notary public. The declarations of acknowledgment and consent shall be made personally and unconditionally, and cannot be subject to any terms. Such declarations are irrevocable.
A mother has the right to demand through legal action the acknowledgment of the paternity of her child born out of wedlock in Greece, as a result of intercourse with its father. The legal action of the mother is directed against the father or his heirs.
The right of the mother to demand the acknowledgment of her child's paternity has a statute of limitations of five years, which starts from childbirth. The right of the child shall be extinguished one year after it emancipates, and the rights of the father or his parents two years after the mother‘s refusal to give her consent.
Paternity shall be presumed, if it has been established that the person in respect to whom the paternity is alleged had bodily intercourse with the mother in the course of the critical period of conception.
In case where a child was born out of wedlock in Greece, the Court may, at the request of the mother, order the father whose paternity has been judicially established, even if the child was born dead: 1) to pay the childbirth expenses, 2) to provide for the maintenance of the mother, in so far as she is unable to provide for her maintenance, for the two months preceding the child birth and four months thereafter or, in the event of special circumstances, for a maximum duration of one year.
In the case of acknowledgment of paternity, whether voluntary or judicial, the child steps into the position of a child born in marriage for all matters in regards to the two parents and their relatives (such as for instance matters pertaining to the child's surname, support, inheritance rights etc.)
According to Article 1486 a child under age shall even if it owns property the right to claim maintenance from its parents to the extent that the income deriving from its property or the product of its work do not suffice the maintenance of such child. The extent of the maintenance shall be determined having regard to the need of the beneficiary such as they arise from his living conditions (appropriate maintenance).
Maintenance shall comprise all that is necessary for the upkeep of the child and further expenses required for his upbringing as well as expenses for his professional and general education. Maintenance is paid in money each month in advance.
Also according to Article 1502 of the Greek Civil Code in the case where a child was born out of wedlock in Greece and its paternity is very probable and to the extent that the mother has fallen in poverty the Court may even before the lodging of a legal action for the acknowledgement order a measure of protection the advance payment by the father to the child each month of a reasonable amount as against the maintenance due to the child.