Recognition of Paternity in Switzerland

Establishing Paternal Filiation

Three ways: presumption of husband's paternity (art. 255 CC), voluntary recognition (art. 260 CC), or court judgment (art. 261 CC).

Presumption (art. 255 CC)

Child born during marriage or within 300 days of dissolution has the husband as father. Rebuttable by disavowal action (art. 256 CC).

Voluntary Recognition (art. 260 CC)

Unmarried father declares before the civil registrar. May occur before or after birth. Creates filiation with retroactive effect. Joint parental authority requires joint declaration with mother (art. 298a para. 1 CC).

Contesting Recognition (art. 260a CC)

One-year deadline from knowledge, absolute five-year limit (art. 260a para. 3 CC).

Paternity Action (art. 261 et seq. CC)

If father refuses recognition, mother or child may sue. Art. 262 CC establishes a presumption based on cohabitation during conception. DNA testing is decisive (ATF 134 III 241: unjustified refusal allows court to presume paternity).

Deadlines: Mother: one year from birth. Child: any time before majority, then one year after.

Effects: Retroactive to birth. Maintenance obligation, inheritance rights, possibility of joint parental authority.

Disavowal (art. 256 et seq. CC)

One-year deadline from knowledge, absolute five-year limit from birth (art. 256c para. 3 CC).