Dad, where are you? 

A friend of mine who is always having adventures is in a crazy situation. His pretty girlfriend is about to give birth to their first child, but now the neighbour is claiming to be the biological father and is ready to contest the acknowledgement of paternity! How does this work in practice? Will my mate really have to fight this claim? 

Dan, Geneva 

Yes, your friend can recognise the child, but yes, the neighbour could contest his right to do so, provided he does so before a judge and within a tight timeframe. 

In Switzerland, when parents are not married, paternal filiation is not automatically created. The father may acknowledge the child by making a declaration before the civil registrar, by will, or before a judge if an action for paternity is already pending, in accordance with article 260 of the Civil Code. Recognition is therefore a formality, often quite administrative, but it has very tangible effects for the child, particularly in terms of name, parental authority to be organised, maintenance and inheritance. 

Neighbours cannot prevent the signing at the counter; there is no emergency brake at the registry office. On the other hand, the acknowledgement can be challenged in court by any interested party, in particular the mother and the child themselves, as well as the person claiming to be the biological father. To win the case, the claimant will normally have to prove that the person who made the acknowledgement is not the father. In practice, this is often done by means of a genetic expertise, but it is still necessary to act in good time. The action must be brought within a year of the interested party becoming aware of the acknowledgement and the decisive elements, and at the latest within five years of the acknowledgement, unless there are good reasons for a delay.  

The Geneva Court of Justice rightly pointed out that a late indication is not necessarily enough to rewrite history. In the case in question, an ambiguous text message that, at best, raised doubts about a certain date, without proving that the man already knew, at the time of the birth or recognition, that he was not the father, was not considered sufficient. The judges also analysed concrete behaviour (presence at an ultrasound scan, presence at the birth, manner of presenting himself as the father) to rule out the idea of an acknowledgement of convenience.  

For your friend, the procedure is simple. He can recognise the child if he wishes. This will immediately reassure the child's daily life. The neighbour, on the other hand, will have to take the case to court, provide serious evidence and, above all, not drag it out, because the legal clock is ticking in the interests of the child, who must not be subjected to the risk of a change of identity or to procedural torments detrimental to his or her healthy development.