Establishing paternity of a child born out of wedlock requires completion of a medico-legal expertise report by the Institute of Legal Medicine, which holds competence. If the parties are foreigners, the expertise may be undertaken abroad by competent institutes via letters rogatory.
Once paternity is established, necessary civil status modifications follow. The court must decide on parental authority: the father\u2019s passivity or lack of involvement may justify exclusive exercise of parental authority by the mother.
Regarding the amount of child support, one must first determine both the debtor\u2019s means and the child\u2019s needs. In foreign cases, information may be obtained from foreign authorities through letters rogatory.
According to Article 529 paragraph (2) of the Civil Code, when maintenance is owed by a parent, it is set at up to one-quarter of the parent\u2019s net monthly income for one child, one-third for two children, and one-half for three or more. These abstract rates represent maximum limits.
In practice, when the maintenance debtor has high income, courts will set a monthly maintenance amount based on the child\u2019s presumed or proven needs. In the absence of proof of particularly high monthly costs, Romanian courts are reluctant to award exorbitant sums simply based on the parent\u2019s high income.<\/p>\n\n\n\n
In fact, from the relationship of the claimant (mother) with the defendant (father) a child was born whom the father did not recognize before the trial and who refused to fulfill his parental obligations, including monthly maintenance.
Through the statement of claim, the mother asked the court to establish that the defendant is the biological father of the minor, to order a change of the child\u2019s surname including that of the father, as a consequence of establishing paternity, to award exclusive parental authority to the mother, to set the child\u2019s residence with the mother, and to require the father to pay child support to the minor.
For determining paternity, a medico-legal expertise was ordered by the Institute of Legal Medicine in Cluj, but the defendant refused to attend DNA sample collection. Therefore, the court ordered expertise via letters rogatory. According to the medico-legal expertise carried out by a foreign institute of Serology and Genetics, after evaluating the results it was determined that paternity cannot be excluded.
The court examined parental authority: by law (Civil Code and Law 272\/2004), although parental authority is generally exercised jointly by both parents, in justified cases\u2014where the child\u2019s best interest requires\u2014it may be exercised exclusively by one parent.
In this case, it was found that the father (defendant) did not show interest in the minor, did not contest his lack of involvement, and undertook no efforts to be involved in the child\u2019s life. The necessary cooperation for joint parental authority was missing, which could harm the minor\u2019s development.
Considering the child\u2019s best interests and the father\u2019s lack of involvement, the court decided that parental authority should be exercised exclusively by the mother. However, the father retains the right to receive information about the child and to supervise her wellbeing, having not been deprived of parental rights. Based on favorable findings of a psychosocial investigation, the court ordered that the child\u2019s residence shall be with the mother.
The claimant also sought change of the child\u2019s surname to include the father\u2019s name, following the establishment of paternity. The father opposed this request, arguing there is no reason. The court found that in absence of agreement, name change may be ordered only if it is in the best interest of the child.
The claimant cited tradition that children carry the father\u2019s surname, but the court held this is not sufficient alone. It emphasized that the child has been raised exclusively by the mother, has no relationship with the father, uses the current surname (\u201cT\u0103ma\u0219\u201d), and attends kindergarten under this name.
Regarding maintenance obligation, family law litigators argued both mother and father are jointly obligated to maintain the minor, ensuring living necessities, education, schooling and professional training; in case of disagreement, basis of maintenance and method of execution and each parent\u2019s contribution are decided by the guardianship court based on a psychosocial report.
According to Articles 499 and 527 of the Civil Code, both parents are obligated jointly to provide maintenance, including living necessities, education, training; in case of disagreement, contribution of each parent is established by guardianship court. The court considered legal obligation of parents in light of Articles 499 paragraph (1) and (4) and Article 529 of Civil Code. Under these provisions:<\/p>\n\n\n\n
In this case, the court found that the minor lives with the mother, who contributes in kind to her care. The father (defendant) lives abroad, and following administration of a letters rogatory, foreign financial authorities reported that he had significant income in the years in question, over \u20ac1,000,000 in a year.
The claimant asked for maintenance proportionate to up to \u00bc of the father\u2019s net monthly income, but not less than \u20ac10,000\/month, arguing monthly expenses between \u20ac2,000-3,000 for raising the child. The court examined the submitted evidence (receipts, contracts, bank statements) and found that actual costs are approximately \u20ac2,000\/month.
Considering his income and the child\u2019s needs, but also the mother\u2019s obligation to contribute, the court held that a fixed maintenance of \u20ac1,500\/month from the father is reasonable. The court appreciated that although the father\u2019s income is high, it does not alone justify a greater maintenance without concrete proof of greater needs for the child.
The ruling reflects observance of the legislator\u2019s balance in regulation of maintenance amount, taking into account both real needs of the child and the parents\u2019 income and ability to pay.<\/p>\n\n\n\n
The claimant submitted an appeal requesting change of the minor\u2019s surname, as a result of establishing paternity. The claimant argued that regardless of the mother\u2019s marital status relative to the father\u2014that is, that they are not married\u2014the minor is the child of the defendant and Romanian law recognizes equality of children born in marriage and out of marriage.
In addition, she argued that considering also the state\u2019s obligation to support and protect family development, the child\u2019s best interest is to have paternity recognized publicly, including by carrying the father\u2019s surname. Also she asked for increase of maintenance obligation.
The defendant (father) submitted an appeal asking for parental authority to be exercised by both parents and reduction of maintenance amount.
The Cluj Tribunal, adopting arguments from Brisc Legal team, decided that the minor will bear the father\u2019s surname even if the father disagrees, because it is in the child\u2019s best interest to carry the father\u2019s name; this public recognition of paternity is essential for the child\u2019s emotional development. The minor is the child of the appellant father, and under Article 448 of the Civil Code, the minor has toward each parent and their relatives the same rights as a child born in marriage.
The child\u2019s best interests prevail, and the court held there were no valid reasons not to let the child carry the father\u2019s name. The minor\u2019s father, a known person, must publicly assume parentage, and recognition thereof, including by surname, is essential for the child\u2019s emotional development. In Romanian society a child bearing only the mother\u2019s surname is often seen as having an unknown father, which can negatively impact emotional development.
Thus, in the best interest of the child, the claimant\u2019s appeal is granted and the child will bear the father\u2019s surname.
Regarding the appeals about maintenance amount, the Cluj Tribunal will take into account article 499 paragraph 1 of the Civil Code, which stipulates parents are jointly obliged to ensure that their minor child receives what is necessary for living, education and professional training. Also, under Article 47 of Law no. 272\/2004, parents have responsibility to ensure adequate living conditions for the child\u2019s development.
Regarding maintenance, the court will consider Article 529 of the Civil Code, which regulates that maintenance must be determined relative to child\u2019s needs and the payer parent\u2019s income. The Tribunal found the maintenance of \u20ac1,500\/month reasonable, given the father\u2019s income and the child\u2019s needs.<\/p>\n","protected":false},"excerpt":{"rendered":"
Relevance of the Case Establishing paternity of a child born out of wedlock requires completion of a medico-legal expertise report by the Institute of Legal Medicine, which holds competence. If the parties are foreigners, the expertise may be undertaken abroad by competent institutes via letters rogatory.Once paternity is established, necessary civil status modifications follow. The … <\/p>\n