A limitation period for the admissibility of bringing an action for disavowal of paternity – by the mother’s husband – ending no later than by the date when the child has attained 18 years of age SK 80/22
Ref. No. SK 80/22
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 12 March 2025
The Constitutional Tribunal, composed of:
Andrzej Zielonacki – Presiding Judge
Wojciech Sych
Bogdan Święczkowski – Judge Rapporteur
Michał Warciński
Rafał Wojciechowski,
Recording Clerk – Agnieszka Krawczyk,
having considered, at the hearing on 12 March 2025 – in the presence of the complainant – Mr W.S.’s complaint lodged with the Constitutional Tribunal for it to consider the conformity of:
Article 63 of the Family and Guardianship Code of 25 February 1964 (Journal of Laws – Dz. U. of 2020, item 1359, as amended) – insofar as “it provides that the deadline (the mandatory time-limit) for bringing an action for disavowal of paternity, for the mother’s husband, ends no later than by the date when the child has attained 18 years of age” – to Article 30 in conjunction with Article 47, in conjunction with Article 32, in conjunction with Article 31(3) of the Constitution of the Republic of Poland,
adjudicates as follows:
Article 63 of the Family and Guardianship Code of 25 February 1964 (Journal of Laws – Dz. U. of 2023, item 2809) – in the part comprising the wording “no later than by the date the child has attained 18 years of age” – is inconsistent with Article 30 in conjunction with Article 47, in conjunction with Article 31(3) of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was unanimous.
Andrzej Zielonacki
Wojciech Sych
Bogdan Święczkowski
Michał Warciński
Rafał Wojciechowski