European Convention on the Legal Status of Children Born out of Wedlock

Czech Republic

07-03-2001

In accordance with Article 1 of the European Convention on the Legal Status of Children born out of Wedlock, done in Strasbourg on 15 October 1975, the Czech Republic states that the Czech Law governing the legal status of children born out of wedlock fully conforms to the provisions of the Convention.

Denmark

18-01-1979

In conformity with the provisions of Article 13, paragraph 1, the Convention shall not apply to the Faroe Islands and Greenland.

Italy

11-02-1981

The provisions of Article 4 of the Convention shall not preclude the application of different domestic Italian rules governing the subject.
As regards Article 8 of the Convention, the right of access may not be granted to a person who no longer has parental authority over the minor as a result of the adoption of the latter by a third party.

Liechtenstein

17-04-1997

The Principality of Liechtenstein declares that Articles 9 and 10 of the Convention shall not be interpreted in such a way as to grant to a child born out of wedlock a right to ascend the throne. This right can only be transmitted to a specific category of heirs.

Luxembourg

01-04-1982

In pursuance of Article 14, paragraph 1, the Luxembourg Government reserves the right to apply Article 2 of the Convention in such a way that maternal affiliation follows automatically only from indication of the mother's name on the child's birth certificate, provided however that maternal affiliation may nevertheless be established judicially by means of a maternal affiliation suit if it is proved by due legal process that the child concerned is the one to whom the alleged mother gave birth.

The Luxembourg Government reserves the right not to apply Article 3 of the Convention in the case provided for by Article 334-7 of the Civil Code whereby if there exists between the father and the mother of a natural child one of the impediments to marriage provided for by Articles 161 and 162 on grounds of relationship, affiliation being already established with regard to the one, it is prohibited to establish affiliation with regard to the other.

The Luxembourg Government reserves the right not to apply Article 4 of the Convention in the case provided for by Article 335(2) of the Civil Code whereby when a child was conceived as the result of an act of violence committed against the mother, affiliation is subject to the mother's consent. In such a case, paternal affiliation recognised without the mother's consent shall be void and shall be annulled upon application by the mother or by the public prosecutor.

These reservations have been renewed by Luxemburg for a period of five years as from 2 July 2022.

Moldova

14-03-2002

In accordance with Article 13, paragraphe 1, of the Convention, the Republic of Moldova declares that it will not be bound by the provisions of the Convention with respect to the territory actually controlled by the local authorities of the self-proclaimed Trans-Dniester Republic until the final settlement of the conflict in this region.

North Macedonia

29-11-2002

In accordance with Article 14.1 of the Convention, "the former Yugoslav Republic of Macedonia" reserves the right to apply Article 2 in a manner that maternal affiliation of every child born out of wedlock is based on the fact of the birth of the child, provided however that maternal affiliation may be established judicially by means of maternal affiliation suit, initiated by the woman who considers herself as the mother of a child, under condition that the same suit contains request for establishment of her maternal affiliation.

Poland

30-10-2002

The Republic of Poland made a reservation to Article 4 of the Convention when depositing its instrument of ratification on 21 June 1996, in accordance with Article 14, paragraph 1. Due to an administrative oversight, this reservation was not renewed before the expiration of the five years period as required by Article 14, paragraph 2, of the Convention.
The Government of Poland nevertheless wishes, in accordance with the procedure of belated renewal, to renew, as from 23 September 2001 for a period of five years, the reservation with the following wording :
The Republic of Poland reserves the right not to apply Article 4 of the Convention, as its internal legislation submits the recognition of the child to the consent expressed by his mother, or by his legal representative, or by the child himself if he has attained the age of majority. The internal legislation allows, furthermore, the invalidation of the recognition of the child at the request of the man who has recognised him, or at the request of persons who have expressed their consent to the recognition, but only when the consent of the man or the persons was not valid and nor as regards the parternity of the child.

Romania

17-09-1993

I. On 16 September 1992, the date on which, by virtue of Act No. 101, Romania acceded to the European Convention on the Legal Status of Children Born out of Wedlock, domestic Romanian legislation contained no regulations at variance with the provisions of the Convention.
The main legal rules in force date from 1953 and are included in the Family Code. They satisfy a fundamental principle governing the regulations on the legal and social status of children as a whole, explicitly recognised in Article 44 (3) of the Constitution which specifies that "illegitimate children enjoy equality with legitimate children under the law".
II. The provisions of Articles 2, 3, 4, 6 (paragraph 1), 7 and 8 of the Convention are reproduced word for word in the provisions of the Family Code concerning:
- maternal affiliation (Article 47);
- determination of paternal affiliation by voluntary recognition or by judicial decision (Article 56);
- action to contest the voluntary recognition of paternity (Article 58);
- equal treatment of the parents of illegitimate children and the parents of legitimate children as regards the obligation to maintain a child (Article 97);
- the exercise of parental rights in respect of an illegitimate child by the mother or the father (Article 65 corroborated by Article 42 and Article 43, first paragraph);
- the possibility of transferring to the other parent (mother or father) the exercise of parental rights (Article 65 corroborated by Article 44);
- visiting rights and the right to maintain personal links with the child, for a parent (mother or father) who is not entitled to exercise parental rights (Article 65 corroborated by Article 43, third paragraph).
III. With regard to special situations, i.e. those governed by Article 6 paragraph 2 and Article 9 of the Convention, Romanian law contains no express regulations. Nevertheless, the absence of such regulations does not affect the basic harmony between domestic law and the provisions of the Convention referred to above, in respect of the following matters:
- the exercise of the obligation to provide maintenance by certain members of the family of the father or mother of an illegitimate child;
- the right of succession of the said child in the estate of its father and its mother and of a member of its father's or mother's family.
In both these situations, the general provisions of the Family Code (Article 63) are applicable in Romania, viz: "An illegitimate child whose affiliation has been established by recognition of the child or by judicial decision has the same legal status in relation to its parents (mother or father) and the members of its family as a legitimate child".
Under the influence of this standard-setting principle, legal writers and the courts are unanimous in acknowledging that the adoption of the Family Code implicitly amended the earlier provisions of the Civil Code, which specified that: "The children or their descendants shall succeed to the estate of the father, mother, grandfathers, grandmothers or any other ascendant, without distinction based on sex, even if they are the offspring of different unions. They shall have equal shares in the estate when they all stand in the first degree of kinship and are entitled to inherit in their own right" (Article 669).
Consequently, and by virtue of the provisions subsequent to Article 63 of the Family Code, the above-mentioned provisions of the Civil Code are also applied, by extension, to illegitimate children, ensuring that their shares in the estate are equal to those of legitimate children.
IV. With regard to Article 5 of the Convention (concerning the need to authorise scientific evidence in proceedings aimed at establishing paternal affilitation), even though there is no text drafted along these lines, the system of evidence introduced by the Code of Civil Procedure (Article 167 et seq.) authorises the production of scientific evidence capable of establishing or disproving paternity. The forensic evaluation, which also includes an expert analysis recording the existence of the evidence necessary to establish affiliation, on the basis of scientific tests, is governed by Decree No. 446/1966 on the organisation of forensic institutes and services.
V. As regards Article 10 of the Convention concerning the effect of marriage subsequent to the recognition of affiliation by the two parents, it should be pointed out that, in Romanian law in its present form, the theory of the "legitimation of the child" by the subsequent marriage of the parents has not been adopted, for the following reasons:
- In the relationship with the parents and the members of the parents' families, the child in any case enjoys the "same status as the legal status of a legitimate child" (in accordance with Article 63 of the Family Code);
- In society at large, any illegitimate child is considered equal, under the law, to a legitimate child (in accordance with Article 44 (3) of the Constitution);
- A possible change of name, enabling the child to bear the name adopted by his parents as a result of marriage, may be authorised on request, through administrative channels;
- For reasons of harmony with the other statutory provisions which, in the event of nullity of the marriage, confer on the child the status of a legitimate child even after the annulment of the marriage, a marriage subsequent to the recognition of the child by the two parents could not retroactively modify a de facto situation of illegitimacy.

Ukraine

19-04-2022

The Permanent Representation of Ukraine to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and has the honour […] to inform about the impossibility to guarantee the implementation by the Ukrainian Side in full of its obligations under the above mentioned international treaties of Ukraine for the period of the armed aggression of the Russian Federation against Ukraine and introduction of martial law on the territory of Ukraine, until full termination of the infringement of the sovereignty, territorial integrity and inviolability of borders of Ukraine.

07-12-2023

[…]
Referring to Ukraine’s notification dated 18 April 2022 N° 31011/32-119-26603 [Council of Europe Notification JJ9359C dated 13 May 2022] in connection with the full-scale invasion of the Russian Federation in Ukraine, [the Government of Ukraine] further clarif[ies] that international treaties mentioned therein are implemented on the territory of Ukraine in full, with the exception of the territories where hostilities are (were) conducted, or temporarily occupied by the Russian Federation, on which it is impossible to fully guarantee the Ukrainian Party’s fulfillment of its obligations under the relevant treaties as a result of the armed aggression of the Russian Federation against Ukraine, as well as the introduction of martial law on the territory of Ukraine until the complete cessation of encroachment on the sovereignty, territorial integrity and inviolability of the borders of Ukraine.
The regularly updated list of territories where hostilities are (were) conducted, or temporarily occupied by the Russian Federation is located at the link below:
https://zakon.rada.gov.ua/laws/show/z1668-22#Text