Złożenie oświadczenia przed wójtem (burmistrzem lub prezydentem) o uznaniu ojcostwa w razie niebezpieczeństwa grożącego bezpośrednio życiu matki dziecka lub mężczyzny
Submitting the declaration to the head of the commune – mayor or president regarding the recognition of paternity in the event of a life-threatening emergency concerning the mother of a child or a man
Author(s): Marcin MamińskiSubject(s): Civil Law, Family and social welfare
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: family law; marital status law; child; family; blood relation; territorial self-government;
Summary/Abstract: Recognition of paternity presupposes the submission – before the relevant entity – of relevant statements by a man (that he is the father of the indicated child) and by the mother of this child, who confirms that the recognizer is his father. In typical circumstances, the declarations necessary for the recognition of paternity are submitted to the head of the registry office, guardianship court or to the Polish consul (when submitted abroad). Provided for in Art. 74 of the Act of February 25, 1964 – Family and Guardianship Code (i.e. Journal of Laws of 2019, item 2086), the procedure for submitting declarations before a notary, commune head (mayor, city president), staroste, voivodeship marshal, poviat secretary or of the commune, is exceptional and has been limited only to the situation of a life-threatening emergency of the child’s mother or the man from whom the child comes. The purpose of this publication is to describe the key issues relating to the recognition of paternity in a situation of a life-threatening emergency of the child’s mother or the man from whom the child comes, with particular emphasis on the role of the head of the commune (mayor, city president). The formal and dogmatic methodological approaches were used in the research. The article discusses selected problems related to the practical application of legal provisions. As a result of the analysis, the author formulates de lege lata postulates.
Journal: Studia Prawnoustrojowe
- Issue Year: 2020
- Issue No: 50
- Page Range: 315-326
- Page Count: 12
- Language: Polish