Legal Presumptions of Paternity and Family Status in Assisted Reproductive Procedures in Hungary

Legal Presumptions of Paternity and Family Status in Assisted Reproductive Procedures in Hungary Presented by: Prof. Dr. Tímea and Dr. Tímea Date: April 14, 2025 Introduction - In Hungary, infertility affects 10-15% OF COUPLES OF REPRODUCTIVE AGE - INFERTILITY IF CONCEPTION DOES NOT OCCUR IN THE CONTEXT OF INDIVIDUAL REGULAR UNPROTECTED SEX - Bond between the unwanted childlessness and infertility and the physical and psychological well-being of the individual and to their relationship and other social relations - PARTICULAR PROCEDURES IMPORTANCE OF ASSISTED REPRODUCTION - Importance of the FAMILY STATUS OF THE CHILD - legal and social point of view Paternity Presumptions In Hungary - 1. Matrimonial bond of the mother - 2.Special procedure for human reproduction - 3.Paternity acknowledgement - 4.Determination of paternity by court decision Matrimonial Bond Of The Mother - ORDER BETWEEN THE PRESUMPTIONS human reproduction procedure - Exception The - The order of presumptions is NOT DISCRIMINATORY - The system is UNIFORM - SAME LEGAL CONSEQUENCES after each legal fact - The MARRIAGE AUTOMATICALLY CREATES it - Importance of THE PRESUMED TIME OF CONCEPTION Human Reproductive Procedure Between Spouses - Between married people • - Paternity based on marriage Between de-facto partners of different sexes, who are not married • The human reproduction procedure creates paternity status Questions In Accordance With The Paternity Status - Fertilization of female gamete - Death of the mother's husband or partner - Birth of the child - If the fertilization was not extrauterine + was followed by the dissolution of marriage → MARRIAGE CREATES PATERNITY - If the insemination took place outside the body and the embryo was implanted at the time of the dissolution of the marriage → MARRIAGE CREATES PATERNITY - If fertilization has taken place outside the body and the embryo has not yet been implanted → THE PROCESS MAY CONTINUE AT THE WRITTEN REQUEST OF THE WOMAN + REPRODUCTIVE PROCEDURE CREATES PATERNITY Paternity Based On Human Reproduction Procedure Conditions - a) the applicants are different-sex partners - b) none of the applicants is in a spousal relationship - c) the male partner is involved in the reproduction procedure - d) the birth of the child is the result of a reproductive procedure Conflict Of The Presumptions - Human reproduction procedure - Marriage with another man - Birth of the child - The Presumed Period Of Conception Has Not Yet Elapsed! - • The end of previous marriage • Jointly applied human reproduction procedure with the partner • Birth of the child The principles of reasonableness and fairness → PRIORITY TO THE REPRODUCTIVE PROCEDURE, excluding the husband's paternity → both the mother and her partner jointly want to have a child + it is likely that the partner is also the biological father - Reproductive procedure vs. Paternity acknowledgement → THIS TYPE OF DECLARATION IS NOT ALLOWED! Determination Of Paternity By Court Decision - Family status of the child born by gamete donation → Civil Code regulates it If the parentage is the result of a reproductive procedure • There is no possibility of judicial determination of paternity or maternity against the person who donated gametes or embryos for the procedure! Rebutting The Presumption Of Paternity - BIRTH FROM REPRODUCTIVE PROCEDURE • → may be challenged only on formal grounds + if the mother's husband/partner hasn't consented to the proceedings - The consent form MUST INDICATE THE SPECIFIC INTERVENTION to be used CONSENT IS NOT GENENAL (BLANK) - EBH2015.P.8. The Question Of Motherhood - mater semper certa est" - Separation of GENETIC MOTHER and MOTHER WHO GAVE BIRTH TO THE CHILD - Civil Code THE MOTHER WHO GAVE BIRTH TO CHILD IS THE MOTHER OF THE CHILD. - SURROGACY, NANNY PREGNANCY → a woman who has asked another woman to carry an embryo from her egg cannot be considered a mother - The importance of recordability of the mother's identity in the birth register Summary - Changes in reproductive procedures → DEMOGRAPHIC MOTIVATION, INCREASE THE BIRTH RATE - Married or cohabiting persons of DIFFERENT SEXES OR, EXCEPTIONALLY FOR SINGLE WOMEN - SAME-SEX COUPLES ARE EXCLUDE → based on the Hungarian Constitution - New Civil Code → DETAILED RULES FOR THE FAMILY - STATUS OF THE CHILD BORN BY HUMAN REPRODUCTION PROCEDURE