Conception time
The time of conception is a period of time that is used to determine paternity .
Germany
In German law, the time of conception in Section 1600d Paragraph 3 Sentence 1 BGB is presumed by law to be the period from the 300th to the 181st day before the birth of a child ; until the Childhood Rights Reform Act came into force in 1998, the period began on the 302nd day before the birth. However, this time calculation can also be refuted: If it is certain that the child was conceived before or after this period , this deviating period is considered the time of conception (Section 1600d Paragraph 3 Sentence 2 BGB).
Has a man during the period of conception with the mother intercourse (in the law "attend" hereinafter), it is in the judicial determination of paternity under § 1600d, para. 1, 2 BGB as the father thought , if "no serious [n] doubts about the paternity consist".
Austria
Under Austrian law, the period according to Section 148 ABGB (2) is from the 300th to the 180th day before the delivery. Here, too, the father is presumed to be the person who was present with the mother during this period, unless he can rebut the presumption in accordance with Section 148 (2) ABGB.
If medically assisted reproduction was carried out with the semen of a third party during the period, the person who has consented to the medically assisted reproduction in the form of a notarial act is determined as the father in accordance with Section 148 (3). Unless he can show that the child was not conceived through medically assisted procreation.
A third party who has given his semen to a hospital approved for medically assisted procreation with the will not to be identified as a father himself, and whose semen is used for medically assisted procreation, cannot be a father in accordance with Section 148 (4) to be established.
literature
- Alfons Bürge : Legal unification over the centuries: The legal conception time of 302 days - almost an obituary. In: Legal Training . Year 2003, issue 05, pp. 425–429.
