Determination of a child’s origin in civil law countries

Determining a child’s origin is one of the fundamental issues of family law, closely linked to the realisation of the child’s rights, parental care, the preservation of identity, nationality, and inheritance rights. Establishing parenthood has gained particular relevance in the modern context of the widespread use of advanced reproductive technologies and increased population mobility. Although the concept of a child’s origin from their parents is universally recognised, the legal frameworks enshrined in national legislation differ significantly.This article explores the legal regulation of determining a child’s origin in Civil law countries. It examines key approaches to establishing maternity and paternity, as well as the procedures for recognition and contestation of parentage under the national laws of France, Germany, Italy, Spain, Japan, and Ukraine. Special attention is paid to the presumption of paternity and maternity and the determination of parenthood for children born outside of marriage. The article identifies specific regulatory provisions regarding assisted reproductive technologies and surrogacy. The author emphasises the advantages of the Civil law approach, particularly its stability of family legal relations and protection of the rights of the child and other involved parties. At the same time, its shortcomings are also highlighted, such as the limited flexibility in addressing new forms of family relationships and the challenges of cross-border recognition of parenthood. Based on the analysis, the author outlines four fundamental principles underpinning the determination of a child’s origin in Civil law countries. The article also reflects on the specific challenges faced by Ukraine, the only country examined where surrogacy is legally permitted. It underscores the need for clearer regulation of commercial surrogacy agreements and robust guarantees protecting the interests of the child and the surrogate mother. Furthermore, the article identifies a growing trend towards recognising the intention to become a parent as an independent legal basis for establishing parenthood in the studied jurisdictions.