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Paternity Law (1.1.2016)

Original Language Title: Isyyslaki (voimassa 1.1.2016 alkaen)

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Iternity Act (as of 1 January 2016)

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1
Scope of law

This law shall apply to the detection and confirmation of paternity and the abrogation of paternity.

ARTICLE 2
Fatherhood based on marriage

The husband is the father of the child when the child is born during marriage.

If, in the event of a husband's death, marriage has erupted before the birth of the child, the husband is the father of the child, if the child was born at a time when the child could have been conceived before the husband died. If my mother is married before the birth of a child, the new husband will be the father of the child.

ARTICLE 3
Fatherhood in other cases

If the paternity is not established pursuant to Article 2, paternity is confirmed by a court order or by a court of law.

Every now and then, the father:

(1) which has conceived the child;

2) whose sperm have been used for the conception of the mother in any other way and the child was born.

If the mother of the child has been given the (1237/2006) The child is the father of the child who, in agreement with the mother, consented to the treatment. If treatment has been given to a woman alone, the father of the child is a man whose sperm have been used in treatment if, prior to treatment or in agreement with the mother, a man has consented to the confirmation of paternity of Article 16 (2) of that law Of the Regulation.

Chapter 2

Indition of paternity

§ 4
The purpose and scope of the analysis of the paternity

The purpose of the determination of the paternity is to obtain information that allows the authenticity of the paternity to be established or verified.

The paediattor shall explain the paternity when:

(1) the child's supervisor is informed of an 18-year-old child in respect of which no paternity has been established pursuant to Article 2;

(2) a man wishes to recognise his/her relationship and no paternity has been established under Article 2;

(3) the mother and the husband of the child, whose fatherhood has been found in accordance with Article 2, shall ask the child's supervisor to find out before six months have elapsed since the birth of the child;

(4) the mother and the husband of the child, whose fatherhood has been established pursuant to Article 2, accepts that the paternity is determined by the recognised or declared intention of the other man to recognise the child within the meaning of Article 15 (2) of the child.

Determination of the paternity can already be started before the birth of the child, if evidence of paternity would otherwise be compromised or other specific cause. However, the necessary sample of a child may be taken only after the birth of the child.

If the child dies before the paternity test has been completed, the case shall be dismissed. However, if a man wishes to recognise paternity and the statement of recognition, a declaration of paternity and recognition can still be provided under Article 15 (3).

§ 5
Executive of the determination of paternity

Isyyden will find out the child's supervisor at the mother's home. If the child is 15 years old, the mother of the child is dead or the mother does not have a municipality of residence in Finland, however, the paternity of the child's home administrator or, if the child does not have a municipality, the child's supervisor in the municipality where the child resides.

If a man wishes to recognise his/her identity, and it does not belong to the child's administrator of any of the municipalities referred to in paragraph 1, the paternity shall be determined by the child's guardian of the municipality.

If, according to paragraphs (1) and (2), it does not belong to a children's administrator of any municipality, the paternity of the City of Helsinki shall be determined by the children's supervisor.

ARTICLE 6
Negotiation of paternity

After receiving information on the fact that the paternity needs to be resolved, the child's supervisor shall negotiate with the mother, the 15-year-old child and, if possible, with the man who may be the father of the child. If the fatherhood is settled pursuant to Article 4 (2) (3) or (4), the negotiation shall also include a man whose fatherhood has been established pursuant to Article 2.

However, if the paternity has been recognised in accordance with Article 16 before the birth of the child, the consultation shall be carried out only if the mother, the confessor or the man who considers himself to be the father of the child by 30. On the day of the birth of a child to inform the child's supervisor that the person who has recognised the child is not the father of the child.

§ 7
Transmission of negotiations and obligation to remain in truth

The aim of the negotiations is to obtain the information that can be used to determine paternity. At the beginning of the negotiations, the child's supervisor should explain the measures relating to the determination of paternity and the importance of strengthening the paternity and its effects.

When you give information to your mother and your husband, you have a duty to remain true. The same obligation shall apply to the consultation of the recognition, recognition and recognition of recognition.

§ 8
Child supervisor's right to receive information

The right of the child supervisor to obtain information for the purposes of determining paternity is subject to the law on the status and rights of the customer (12/2000) Provides. The child's administrator shall have the right to obtain the information necessary to establish the identity and place of residence of a man, without prejudice to the provisions of confidentiality, including by the employer of the man informed by the mother, and by the law on accommodation and food (208/2006) Shall be carried out by the operator.

§ 9
Acquisition of genetic and medical research

In the context of the clearance of paternity, the child's administrator shall: (378/2005) A paternity test for a child, a mother and a man who may be the father of the child if a man asks for a study or if the child supervisor considers it necessary otherwise. If, under the said law, a study may be assigned to a person other than the person referred to above, the child supervisor may consider it appropriate to order an inquiry.

The legal genetic paternity test ordered by the child supervisor may only be carried out with the consent of the sample to be taken. If the investigation is to be carried out from the deceased or the sample previously taken from him, and the deceased, in his life, has not given consent to the investigation, it shall be subject to the consent of the rightholders.

If the study is to be ordered by a man or mother from both parents, the other parent, or any other relative, to subscribe to the study and to the consent to be given by the child's supervisor, the legal genetic code Articles 6, 7 and 9 and Article 11 (1) of the Act on paternity leave provide for a judicial investigation.

The child supervisor may obtain a medical opinion from the date on which the child is conceived, if it may be considered necessary taking account of other explanations.

ARTICLE 10
Information and notifications to be submitted to the investigating officer

Before taking the sample and ordering the study to be commissioned before the legal genetic paternity test, the child supervisor should explain the measures and the relevance of the study to the study and the relevance of the study, and Article 9 (1) to (3) The conditions referred to in the article.

After receiving an opinion based on legal genetic paternity leave, the child's supervisor shall immediately inform the investigation of its contents.

ARTICLE 11
Suspension of paternity

The determination of age shall be suspended if the age of 15 years of age is required.

The child supervisor may decide to suspend the verification of paternity if:

(1) it is obvious that sufficient information is not available for the validation of paternity;

(2) the child was born, as a result of the treatment provided for in Article 1 of the Law on the Treatment of Fertilisers, to a woman who has been treated alone, and it has been determined that the donor of sperm has not consented within the meaning of Article 16 (2) of that law; To be able to be confirmed as the father of the child resulting from the treatment;

3) the husband has not recognised the child and there is a particular reason to believe that it would not be in the best interests of the child to find out the paternity, and the age of 15 years was not required by the child.

The suspension of paternity has to be reopened:

(1) at the request of a mother, a 15-year-old or a father, if the conditions for the suspension referred to in paragraph 2 (1) or (2) are no longer met;

(2) at the request of the mother, the 15-year-old child or the person who recognised the paternity, if the suspension has been based on paragraph 2 (3).

ARTICLE 12
Protocol on the winding up of the paternity

The Child Controller shall draw up a protocol on the conclusion of the paternity. The minutes shall mean all the information that is relevant when it is confirmed.

If, in accordance with Article 6 (2), the negotiation of a negotiated settlement of paternity has not been submitted, the minutes to be drawn up shall contain only:

(1) that none of the persons referred to in Article 6 (2) have been informed within the prescribed period that the man who recognised the paternity is not the father of the child;

(2) the statement by the child's supervisor that there is no reason to doubt that anyone other than the one who recognised the child is the father of the person who is aware of it.

A mother, a child aged 15 years and a man with a right under Article 29 (2) shall, on request, have the right to be informed in its entirety of the minutes of the inquiry, irrespective of the type of action taken by the authorities The law on publicity Article 11 of the ec Treaty ( Paragraph 2 (1) provides.

ARTICLE 13
Certification and lodging of an application

The child supervisor shall provide the man with an opportunity to recognise his/her paternity if he considers that, in the light of a judicial genetic paternity test or any other explanation, it can be considered as proof that he is the father of the child.

If a man does not recognise paternity and has not reached the age of 18, the child's supervisor shall, on behalf of the child, drive an action to establish paternity as laid down in Chapter 6.

ARTICLE 14
Appeals appeal

The child's mother, 15 years of age, and a man who considers himself to be the father of the child may appeal to the decision of the child's supervisor to suspend or reintroduce paternity leave to the administrative court as In the administrative law; (18/06/1996) Provides. The above and the children's supervisor may appeal against the decision of the Administrative Court if the Supreme Administrative Court grants an appeal.

Article 29 of the ec Treaty provides for the application of Article 29 of the ec Treaty. The decision to be adopted pursuant to Article 11 of the Child Controller shall be accompanied by information on the right to carry out and the period of time.

Chapter 3

Recognition of paternity

§ 15
Area of recognition

Unless otherwise provided for in paragraph 2, the recognition of paternity cannot apply to a child who already has a father. Nor can there be a child who is adopted.

However, a child may be identified for which paternity has been established pursuant to Article 2, if the recognition is accepted by those whose approval is required under Article 19. When recognition is established in the Register, the fatherhood found pursuant to Article 2 shall be subverted.

Fatherhood cannot be recognised after the child's death. However, it may be recognised if the child has died so soon after his birth, that the statement of recognition has not been given in the circumstances of the child. In this case, the declaration of recognition must be issued before the year has elapsed since the child died. If the paternity is recognised after the death of the child, the paternity is explained, as provided for in Chapter 2.

ARTICLE 16
Recognition of paternity before birth

Before the birth of a child, a man may recognise his/her paternity as the father of the born child as set out below.

The notification shall be given in person and in the presence of the future mother to the health care provider or midwife in the maternity clinic of the municipality in which the mother and husband of the child born and the husband have been given pregnant counselling services. Before receiving recognition, the recognition of the importance and legal effects of recognition must be clarified.

The declaration of recognition, referred to in paragraph 2, may also be issued to the mother's home administrator for her pregnancy. The provisions of paragraph 2 shall apply.

A health care nurse, a midwife or a child administrator, referred to in paragraphs 2 and 3, shall refuse to accept recognition if:

(1) the mother objects to recognition;

(2) the identity of a man or a future mother has not been reliably determined;

(3) there is reason to suspect that the person is not the father of the child; or

(4) there is reason to believe that, in view of language difficulties, language difficulties or other reasons, it is not possible to understand the meaning of recognition.

Article 22 provides for a document to be drawn up. After the mother has accepted the recognition in writing, the document shall be forwarded without delay to the children's administrator of the municipality to whom the paternity is determined by Article 5.

§ 17
Cancellation, denial and no effect of recognition

A man who, pursuant to Article 16, has recognised his/her character may withdraw his recognition by stating in writing to the child supervisor responsible for settling paternity leave no later than 30. The birth of a child.

The mother or husband of the child who considers himself the father of the child may, as provided for in paragraph 1, declare that the person who has recognised the child is not the father of the child.

The recognition, which is referred to in Article 16, is without effect if the Finnish authorities do not, on the basis of Article 49, do not have jurisdiction in the case of paternity leave.

ARTICLE 18
Recognition of paternity after the birth of the child

A man may recognise his/her paternity after the birth of the child by informing the recipient of the recognition referred to in paragraph 2 that he is the father of the child. Prior to recognition, the consignee shall determine the meaning and effect of the recognition of the man.

The recognition of paternity is accepted by the children's supervisor, the master of the magistrates, the identity of the magistrate, or the public notary. A man who, in a marriage of marriage, wants to admit that he is the father of his betrothed partner, may also issue a statement of recognition to the officiant. Recognition shall be taken abroad by an official of the Finnish delegation who may be able to carry out consular services (498/1999) To perform a public notary's duties in the delegation. Article 22 of this Act provides for a document to be drawn up for recognition.

Where a statement of recognition has been received by an authority other than the guardian of the authority responsible for the detection of paternity, the recognised document shall be sent without delay to the child's supervisor.

The declaration of recognition may be issued in a foreign country according to the form and procedure to be followed by the law of that State.

§ 19
Recognition of recognition

Fatherhood cannot be established on the basis of recognition if the recognition applies to the child referred to in Article 2, unless the mother and husband have accepted recognition.

On the basis of recognition, it cannot be established if the child has completed 15 years unless the child has accepted recognition.

If recognition is made before the birth of a child, paternity cannot be established on the basis of recognition unless the mother of the born child has accepted recognition.

Acceptance, referred to in paragraphs 1 and 2, shall be given to the children's administrator of the municipality who shall determine the paternity. The approval may also be received by the person who, pursuant to Article 18 (2), may receive recognition. Approval shall be given to the recipient in person.

§ 20
Consultation

The child supervisor shall reserve the following opportunity to be heard as a result of the recognition:

(1) to the mother, unless she has accepted recognition in accordance with Article 16;

(2) to the custody of the child if it is difficult to organise;

(3) the guardian or other legal representative, if the recognised person is a minor.

The child's supervisor may consult other persons other than those referred to in paragraph 1 if it is necessary to clarify the case. The hearing may be orally or in writing. The hearing may also include the possibility of accepting recognition under Paragraph 18 (2).

ARTICLE 21
Identification of identity

The addressee of the statement of recognition referred to in Articles 16 or 18, the approval referred to in Article 19 or an oral hearing referred to in Article 20 shall establish the statement of recognition or the identity of the donor or the person to be heard. On the basis of an identity document or any other comparable, reliable means.

§ 22
Document on recognition and its adoption

A document shall be issued for recognition and acceptance. The document shall be dated and shall include the identification of the child, the mother of the child and the recognised man. The document is signed by the man and the recipient of the recognition. If someone is to accept the recognition, the authorising officer shall sign the document.

If a child, mother or husband who must accept recognition has not been proved to have been informed about the adoption of the statement of recognition and their whereabouts are well known, the child's supervisor shall inform them of the recognition by post I have received the certificate.

ARTICLE 23
Transmission of documents to sample

Once the verification of paternity has been completed and the man has recognised his/her paternity, the paternity of the child administrator shall be provided by the guardian of the paternity of the Protocol and the recognition documents to the magistrates referred to in Article 27.

Chapter 4

The consent of the man's rightholders to establish paternity

§ 24
Permission to strengthen paternity without trial

If a child is born out of wedlock and paternity and a paternity test indicate that a dead man is the father of the child, the right-holders of a man may, after the birth of the child, consent to the fact that: Shall be established without trial by decision of the magistrates, provided that the child is not recognised and there are no legal proceedings pending.

ARTICLE 25
Document drawn up for consent

A document shall be drawn up for the consent referred to in Article 24 of the rightholders. The consent and the document shall be subject to the recognition of paternity after the birth of the child, recognition of recognition, recognition of recognition and transmission of documents to the Registry. However, the consent of the person shall not be required in the presence of the recipient.

Chapter 5

Reinforcing age in the sample

§ 26
Jurisdiction

The paternity shall be fixed at the registry if:

(1) the man has recognised as provided for in Articles 15 to 22 and there is no reason to suspect that he is not the father of the child;

(2) The rightholders of a dead man, as provided for in Articles 24 and 25, have given their consent to the confirmation of paternity by decision of the master's decision and, on the basis of the report referred to in Article 24, it may be considered that the man is the father of the child.

The paternity can be confirmed, even if the documentation of the identity of the man or mother and the family ties is incomplete if the additional study is not reasonably available and the paternity test and the legal genetic paternity test show that the male Is the father.

If, as provided for in Article 16, a man has recognised his/her character, paternity can be confirmed on the basis of paragraph 1, paragraph 1, even if the man had died before the child was born.

§ 27
Regionally competent Landscape

In the cases referred to in Article 26, the quality shall be fixed by the maize tractor in the territory of which the child's administrator operates.

If, in order to improve the performance of the Landscape or to promote balanced regional development, it is necessary to transfer paternity confirmation from one sample to another, the Ministerial Decree of the Ministry of Finance provides for: The transfer of powers and the transfer of powers to the samples, as well as the grounds for the division of competences between the receiving magistrates.

ARTICLE 28
Consideration of the paternity case in the register and appeal

Administrative law shall apply to the hearing on the issue of paternity confirmation (2003) . If, as laid down in Chapters 3 and 4 of this Act, there is no procedure, the documentation is incomplete or the paternity issue has not been sufficiently clarified, the magistrate may request a child monitor to supplement the documents or to obtain the necessary Additional information available.

No appeal shall be made to the decision of the taster. Articles 29 and 30 provide for the right of an interested party to bring an action and the time limits laid down for bringing an action. The decision shall be accompanied by the information referred to in Article 29 and the deadline referred to in Article 30 (2). In addition to which Article 54 of the Administrative Code provides for notification, the Registry shall notify the child's administrator of the decision.

Chapter 6

Trial-confirmation trial

§ 29
Conditions and parties to the law

A child for whom no paternity has been established on the basis of a mother's marriage or confirmed by a decision of the Registry or of a court of law, may require a strengthening of the paternity by bringing an action against the man presumed to be a father. If a man is dead, the suit will be brought against the man's right-holders.

A man who thinks he is the father of a child is entitled to bring an action against the child against the child:

(1) if the child's supervisor has interrupted the investigation, since no sample of the child or child has been obtained from which a legal genetic paternity test could have been carried out; or

(2) unless the sample has been confirmed by the sample and there is a reason other than that the approval referred to in Article 19 has not been obtained.

If a man dies while the cover is pending, the man's rightholders will be in his place.

ARTICLE 30
Restrictions on the right of access

If the child has completed 15 years and is opposed to a strengthening of paternity, it will not be possible to drive forward. The incentive cannot be brought forward and the case will not be continued if the child is dead.

A man who considers himself to be the father of a child shall bring an action within one year from the date on which he was informed of the decision of the child's administrator or the magistrate referred to in Article 29 (2).

ARTICLE 31
Use of a child's speaking power

In the case of paternity confirmation, the adult child's voice shall be exercised by a child supervisor who, pursuant to Article 5, has determined the paternity. However, the child's supervisor has no voice if the international competence of the Finnish authorities is based on a point other than that referred to in Article 49 (1) (1) or (2).

In the case of paternity confirmation, in addition to the child's child's guardian, the child's authority shall be exercised by the child's guardian or by another legal representative and by the child itself, in accordance with the provisions of the In Chapter 12 of the Court of Justice Provides. If the children's supervisor and the other representative of the child are speaking power when they disagree, the opinion of the child supervisor should be respected.

The court shall reserve the opportunity to be heard by any person who, under paragraphs 1 or 2, may exercise the authority of the child. A child's mother should also be given an opportunity to be heard, even if she is not a child's guardian, if the hearing is difficult to organise.

The child who, under Article 1 of the Child Restraint System, is represented in the case of confirmation of paternity, shall be entitled to (257/2002) , without prejudice to the provisions of the legal aid.

ARTICLE 32
Interface with challenge

The child must challenge a man who can be presumed to be the father of the child.

If there are a number of such men, they may be challenged to the same trial. Men are to be challenged in the same trial if it is obvious that it is necessary to obtain a report on paternity.

If a man brings an action against the child referred to in Article 29, he may also challenge those men who, in addition to the claimant, can come to the question as a father.

A man who, with a legal genetic paternity test, has determined that he cannot be the father of the child, must not, without particular reason, be challenged.

§ 33
Notification of the challenge

The notification of the challenge shall be In Chapter 11 of the Court of Justice . In the absence of information on the whereabouts of the addressee of the service and of the whereabouts of his service, the service of the challenge may, however, be effected by means of an alert only if the paternity is available to the extent necessary. Evidence that the commencement of a trial against a man must be considered to be in the best interests of the child.

§ 34
Service of the Protocol on the clearance of paternity

The claimant shall attach a protocol on the winding up of the protocol to the proceedings if the paternity has been established by law. If the Protocol is not accompanied by a challenge application, the court should request a protocol from the child's administrator.

ARTICLE 35
Legal place

In the case of confirmation of paternity, the competent court shall: In Chapter 10 of the Court of Justice .

Where the matter of paternity confirmation is pending before a competent court, the question of paternity of the same child may not be examined by another court. The court will then have to refer the case to the court where the case is already pending.

§ 36
Cancellation and exclusion of paternity

Where an action to strengthen paternity is brought against more than one man, the applicant may withdraw the application for a man if he does not object to the withdrawal of the action. However, the action may be withdrawn only if the court, after hearing the other defendants, agrees. In this case, the court or tribunal shall refer the matter to the man concerned.

Where an action for strengthening paternity is brought against more than one man, the Court may, before the final settlement of the paternity issue, dismiss the application for one or more of the men, if, on the basis of a paternity test, there is: Be considered as proof that the man in question cannot be the father of the child.

ARTICLE 37
Acquisition of evidence

The court or tribunal shall, on its own initiative, provide for the supply of all the information which it considers necessary for the purpose of resolving the case. If, on the basis of the facts raised in the proceedings, it is reasonable to assume that a man who is not a party to the proceedings is the father of the child, the court may reserve his right to be heard. The Court of Justice may also call on the child's supervisor to supplement the paternity.

ARTICLE 38
Consideration of appeal

If the claimant or defendant applies for a change in judgment, the appeal court may also deal with the case in respect of a party not covered by the appeal. However, without particular reason, the matter should not be referred to a man who is not covered by an appeal and whose claim has been rejected as a result of the fact that his/her absence is not possible in the context of a judicial Basis.

Chapter 7

Repeal of paternity

ARTICLE 39
Criteria for annulment of paternity

A man's paternity must be abrogated by means of a legal genetic paternity test or otherwise determined that there is no relationship between a man and a child within the meaning of Article 3 (2) or (3).

ARTICLE 40
Repeal of the paternity by decision of the Register

The husband's paternity has been revoked when another man has recognised his/her character and has been recognised as a result of the recognition of paternity as referred to in Article 18.

If the mother and husband of the child have jointly asked the child's supervisor to explain the paternity of the child within the meaning of Article 4 (2) (3), and on the basis of a paternity test, the husband may not be the father of the child, The master may confirm that the husband is not the father of the child. However, it is not possible to decide on the subject if the mother has been given fertility treatment at the time when the child has been started. The matter can be resolved without the child being heard. Applications should be made before a year has elapsed since the birth of the child.

The decisions referred to in Articles 1 and 2 shall not be subject to any appeal.

ARTICLE 41
Repeal of paternity on the basis of an action

The application for the annulment of paternity may be raised in the District Court by a child, a mother or a man whose paternity has been established by marriage or confirmed by a decision of the magistrate.

In the cases referred to in Article 42 (2), the application for the annulment of the paternity shall also be raised by the person who considers that he is the father of the child instead of the man referred to in paragraph 1.

The action must be taken against the persons referred to in paragraph 1 which, in addition to the applicant, are entitled to bring an action.

If the party dies in the course of a trial, his rights-holders will be at his place.

ARTICLE 42
Restrictions on the right of access

The child's right to appeal can only be exercised for 15 years by the child himself. However, a child who is younger than 15 years of age or a 15-year-old child who is unable to understand the meaning of a state of mental illness, disability or any other comparable cause may, however, be able to determine the rights of the child If there is a very serious cause for the benefit of the child.

A man who considers himself to be the father of a mother born in the marriage of a mother shall be entitled to bring an action for annulment of the paternity of a mother only if:

(1) the mother and husband have been separated at the birth of the child;

(2) the claimant has lived with the mother of the child at the time of the birth of the child and has taken part in the care of the child, or if the relationship between the applicant and the child has otherwise been assimilated to the family; and

(3) the court considers that the appeal is in the best interests of the child.

A man who has been married or recognised by his/her husband has no right to bring an action if he/she has learned that another man has had sexual intercourse with a mother or a second man's sperm during the gestation period of the child. After the birth of the child, informed in writing that the child is his. A mother has no right to bring an action if she has accepted the above notification in writing.

ARTICLE 43
The effect of death on the right of action and the use of the voice of the defendant

If the child is dead, it cannot be brought to an end.

It shall not be possible to bring an action for the annulment of the party referred to in Article 41, which is dead. However, after the death of a man found or confirmed as a father, his spouse and heirs may bring an action for annulment of paternity as provided for in Article 44 (3).

If a man who, according to Article 41 (3), should be a defendant in the matter, is dead, the defendant shall be summoned to challenge his right-holder. If my mother is dead, her rightful owners will not be challenged.

ARTICLE 44
Deadline for action

A mother, a man referred to in Article 42 (2), and a man whose presence has been established on the basis of marriage, must bring an action within two years of the birth of the child. If, on the basis of recognition, a man's paternity has been confirmed, a man and a mother must be instituted within two years from the date on which the paternity is confirmed.

The action may be examined, even if it has been initiated after the expiry of the period of time, if the applicant, as referred to in paragraph 1, was a legal impediment or appears to be another very weighty reason for which the action has not been brought before. However, the action is inadmissible if it has not been brought without delay after the reason for the absence of the action.

If a husband or a man who has recognised a man has died without losing his or her claim, the surviving spouse and any person who, in addition to the child or after the child, is the closest heir, the right to bring an action within one year of the death of a man. Or, if the man had still had a longer time, within that period.

ARTICLE 45
Collateral-man hearing

If, on the basis of the facts raised in the proceedings, it is reasonable to assume that a certain man who is not a party to the proceedings is the father of the child, the court may give him the opportunity to be heard.

ARTICLE 46
Legal place

In the case of the competent court for the abrogation of paternity In Chapter 10 of the Court of Justice .

§ 47
Procedure procedure

The procedure for the abrogation of paternity shall be governed by Articles 33 and 37.

Chapter 8

Provisions in the field of private international law

ARTICLE 48
Immediate determination under the law

The law is directly determined by law according to Finnish law if:

(1) the mother of the child at the birth of the child is habitually resident in Finland; or

(2) The mother of a child does not have a place of residence in any country at the birth of a child and resides in Finland at that time or is here as an asylum seeker.

If, pursuant to paragraph 1, the Finnish law does not apply, the law shall be immediately determined by the law of the State which must be applied in the State where:

(1) the mother of the child at the birth of the child is habitually resident; or

(2) the mother of the child at the birth of the child resides or is an applicant for asylum if the mother has no place of residence in any country at that time.

However, if the child is at birth at birth, taking into account all relevant factors, a closer relationship with a State other than that which, under the law (1) or (2), should apply, is immediately determined by law. The law applicable in that State.

If, after the birth of a child, a paternity relationship has been established in accordance with the law applicable in a State other than the one referred to in paragraphs 1 to 3, and the child has a close connection with that State, the provision of paternity directly under the law shall apply from 1 to 3 By way of derogation from the law applicable in that State.

ARTICLE 49
International powers of the Finnish authorities

The Finnish authorities shall be competent in the case of paternity if:

1) the child has his habitual residence in Finland;

2) the child has no place of residence in any country, but resides in Finland or is here as an applicant for asylum;

(3) the defendant, or at least one of them, has his habitual residence in Finland before his death;

(4) the defendant does not have a place of residence in any State, but is staying or last before his death in Finland or is here as an asylum seeker; or

(5) a child or a man is a Finnish citizen or, most recently, a Finnish citizen and cannot be resolved in a foreign country where the child or husband has his habitual residence and there is a particular reason for the decision to be taken in Finland.

In the case of the detection and recognition of paternity, the Finnish authorities shall, in addition to the provisions of paragraph 1, be competent if a man wishes to recognise his/her character and:

(1) the husband has his habitual residence in Finland; or

2) a man does not have a place of residence in any country, but he resides in Finland or is here as an asylum seeker.

However, the determination of paternity, which is referred to in Chapter 2, shall not be provided if the competence of the Finnish authorities is based only on paragraph 1 (3) or (4).

§ 50
Impact of the case pending in a foreign country

If there is a case pending before a foreign authority and it is clear that the decision to be taken in this case is recognised in Finland, the Finnish authority shall suspend the proceedings of the same, pending proceedings, until such time as it has been clarified, Whether a decision has been issued in a foreign country.

However, the Finnish authority may not suspend the proceedings or continue to work on the suspension of the case if it is shown that it would otherwise be unduly delayed.

ARTICLE 51
Applicable law

In the case of paternity, Finnish law shall apply, subject to Article 48.

ARTICLE 52
Recognition of the decision given in a foreign country

A decision issued in a foreign country which is in force in that State is recognised in Finland without any further confirmation.

However, a decision issued in a foreign country shall not be recognised if:

(1) the authority of the foreign authority which issued the decision was not based on any of the parties' residence or residence, nationality or any other party which, in the light of which the Authority would have had a legitimate reason to take the matter; To be dealt with;

(2) the decision has been taken against the remains, and the application for challenge or equivalent documents has not been communicated to the person who has been put off so well in time and in such a way that he could have been prepared to respond;

(3) the decision is incompatible with the decision on paternity of Finland which has been brought before a trial which led to a decision rendered abroad;

(4) the decision is incompatible with a decision on paternity previously granted in a foreign country recognised in Finland; or

(5) the decision is contrary to the principles of the Finnish legal order.

The decision, referred to in paragraphs 1 and 2, shall take the decision of the Court of Justice and of the other authority, as well as the establishment or registration of a legal act, where the relationship between the child and the husband is considered to be a paternity or Shall be deemed to have ceased to exist in the State in which the registration or other measure has been carried out.

ARTICLE 53 (22/05/2015)
Strengthening of the decision adopted in a foreign country

The Helsinki District Court may, on application, confirm whether a decision on paternity in Finland is recognised in Finland.

In the case of a hearing, the district court must reserve the right to a child, a father, a mother or another person to be heard if a hearing is necessary in order to clarify the case and the whereabouts of the hearing is unimpedable.

L to 25/2015 Article 53 shall enter into force on 1 January 2016. The previous wording reads:

ARTICLE 53
Strengthening of the decision adopted in a foreign country

The Court of Appeal of Helsinki may, on application, confirm whether a decision on paternity in Finland is recognised in Finland.

In this case, the court of appeal must reserve the right to a child, a father, a mother or another person to be heard if a hearing is necessary in order to clarify the case and the whereabouts of the hearing is unimpedable.

ARTICLE 54
Subsidiarity of provisions

The provisions of this Chapter shall apply only if the law on the recognition of Nordic paternity solutions (2004) -subject.

ARTICLE 55
Reality of the Finnish legal order

The provision of a foreign law must be disregarded if its application would result in a result contrary to the grounds of the Finnish legal order.

Chapter 9

Outstanding provisions

ARTICLE 56
Restriction of the right to

Article 11 and Article 19 (2) and Article 30 (1) of the Article 30 (1) on the impact of the opinion of a child aged 15 years shall not apply if the child is unable to understand the condition of the mental health disorder, disability or any other equivalent The meaning of the matter.

ARTICLE 57
Issue of a false statement in the matter of paternity

If, in the event of an acknowledgement of the mother's paternity, in the event of recognition, or in its acceptance of the recognition, it deliberately provides the authority with false information which contributes to the incorrect confirmation of paternity, she shall be Condemn, unless the law provides for a heavier penalty in the rest of the law, On the issue of a false declaration on paternity Fine.

The provisions of paragraph 1 shall apply mutatis mutandis to a man who, in the context of the settlement of fatherhood, shall, when recognising or accepting recognition, deliberately provide the authority with false information, which shall contribute to the adoption of the paternity; Incorrectly.

ARTICLE 58
Urgency of treatment

Issues relating to the detection, confirmation and revocation of the paternity shall be treated as a matter of urgency.

ARTICLE 59
Official assistance

The child supervisor is obliged, upon request, to provide assistance to the child's supervisor in another municipality in order to establish and strengthen paternity leave. In that case, the children's administrator shall also be obliged to represent another child's supervisor in the proceedings before the courts or other authorities of the competent authority of its territory.

ARTICLE 60
More detailed provisions

The decree of the Council of State provides, where appropriate:

(1) notification of the birth of the child;

(2) the provision of a medical report and the reimbursement thereof;

(3) the practices of the magistrates when the paternity has been confirmed or revoked by a decision of the master;

(4) identification of the documents to be approved.

The decree of the Ministry of Justice provides for the identification, recognition, the consent of the rightholders and the confirmation of paternity by means of a form established for the purpose in question. The Institute of Health and Welfare confirms the formulae of the forms used.

Chapter 10

Entry into force

ARTICLE 61
Entry into force

This Act shall enter into force on 1 January 2016.

This law repeals paternity law (700/1975) (hereinafter ' the Repeal the law And the law on the entry into force of the paternity law (19/1975) .

§ 62
Application of the law

This law shall also apply where a child was born before the entry into force of this law, unless otherwise provided.

ARTICLE 63
Indition of paternity

Where the child is born and the negotiation of paternity has been held before the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply. However, the suspension of the discharge shall be subject to the provisions of Article 11 (2) (1) and (2).

If, in the case referred to in paragraph 1, the mother is opposed to the finding of paternity, an inquiry may be carried out at the request of a man, even though he has not recognised his paternity.

ARTICLE 64
Recognition of paternity

If a man has recognised the paternity before the entry into force of this law, the provisions in force at the time of entry into force of this Act shall apply.

ARTICLE 65
Action for the validation of paternity

Where an application for confirmation of paternity is pending before a court at the time of entry into force of this Act or paragraph, the provisions in force at the time of entry into force of this paragraph shall apply. However, it cannot be rejected on the basis of the provisions of Article 7 (2) of the Act on the entry into force of the Act on paternity.

The action before the entry into force of this paragraph, or the initiation of the entry into force of this paragraph, may be examined without prejudice to the fact that the Court of Justice has previously failed to establish paternity law. Under Article 7 (2) of the Act.

Where, according to Article 63, the provisions in force on the date of entry into force of this Act must be applied, the child's administrator, acting on behalf of the child, cannot pursue an action to establish paternity if the mother, as provided for in Article 8 (2) of the repeal of the law, Opposes the settlement of paternity and the child has not reached the age of 15.

ARTICLE 66
Repeal of paternity

A mother cannot bring an action for annulment if the child was born earlier than 1 October 1976.

Paragraph 41 (2) and Article 42 (2) shall not apply if the child was born before the entry into force of this Act.

The application for annulment brought before a court at the time of entry into force of this Act shall be subject to the provisions applicable to the entry into force of this Act. However, it cannot be dismissed as inadmissible on the grounds that the mother and husband are both dead.

§ 67
Succession of a child in some cases

On the basis of the paternity of the child born before 1 October 1976, the child born before 1 October 1976 does not have a right of succession after the date of succession if the deceased is deceased before 31 January 2012. However, notwithstanding the first sentence of this paragraph, the child shall have the right to inheritance if the property to be recovered is the (40/1965) Chapter 5, Section 1, , or where the loss of the right of succession must be regarded as disproportionate on the basis of the equal treatment of siblings born out of wedlock or any other comparable pressure comparable to that of the claimant. Such a right shall be brought into force by In Chapter 16, Section 1, of the succession, Within the prescribed period.

The first and second sentences of paragraph 1 shall not apply, however, if the paternity is laid down within the period laid down in Article 7 (2) of the Act concerning the entry into force of the Act on paternity, or if the child had a father on 30 September 1976, but The paternity has since been revoked or the judgment on paternity has been lifted, and the second man's paternity has been confirmed.

ARTICLE 68
References to the previous law

Where the law or regulation refers to a point of law which has been replaced by a provision of this Act, the entry into force of this Act shall apply to the corresponding provision of this law.

DEC 91/2014 , LaVM 16/2014, EV 235/2014

Entry into force and application of amending acts:

22.5.2015/664:

This Act shall enter into force on 1 January 2016.

Any action brought before the entry into force of this Act shall apply to the provisions in force at the time of entry into force of this Act.

THEY 231/2014 , LaVM 34/2014, EV 340/2014