Important decision
The Supreme Court has confirmed that a man who consents to a woman’s artificial insemination becomes the legal father of the child – regardless of whether he is the biological father. Paternity cannot later be challenged unless it is proven that the conception took place other than through assisted reproduction.
The decision concerns the case of a woman who underwent artificial insemination with the consent of her then-husband, although they were no longer living together. The child was born shortly after the divorce within the protection period, and the former husband was thus entered on the birth certificate. The mother subsequently claimed that the father of the child was an unknown man with whom she had become pregnant naturally, but was unable to substantiate her claim.
The Supreme Court (Case No. 24 Cdo 1621/2025) upheld the lower courts’ conclusions that paternity based on consent to artificial insemination under Section 776 of the Civil Code cannot be denied unless another method of conception is proven. It stressed that the legislation gives priority in such cases to the legal certainty of the child and the man’s consent over the genetic link itself.
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